Section Pari 604.01 - ARCI/NAPRA Joint Rules(a) Except as otherwise provided herein, the rules of the commission relating to harness racing in New Hampshire shall be as set forth in the ARCI/NAPRA Joint Rules, Chapters 20, 21, 22, 23, 24 and 25, subject to the amendments set forth in (c) below and to the provisions on prohibited substances and practices in horseracing found in Pari 700.(b)The following amendments shall apply to the item incorporated in (a) above:(1) Amend PMRMR-020-010 A. by:a. Deleting paragraph (11) entirely;b. Inserting the word "and" following the semicolon in paragraph (10); andc. Changing the number of paragraph (12) to paragraph (11);(2) Amend PMRMR-020-015 B. bya. Inserting the number "7" in the blank space; andb. Deleting the phrase "with completion of their official business" and replacing it with the phrase "only after being notified in writing by the Commission";(3) Amend PMRMR-020-015 C. (6) by inserting the phrase "or the Commission-approved racing laboratory" after the word "veterinarian;"(4) Amend PMRMR-020-015 C. (7) (f) by inserting the phrase "recommend to the Commission to" before the word "revoke;"(5) Amend PMRMR-020-015 C. (9) by inserting the phrase "30 days beyond end of meet" in the blank space and deleting the words "per violation";(6) Amend PMRMR-020-015 C. (14) by inserting the phrase "48 hours" in the blank space;(7) Amend PMRMR-020-015 G. (1) by deleting the last sentence and replacing it with the sentence, "The report shall be signed by the Commission judge and filed with the Commission after the end of each race day;"(8) Amend PMRMR-020-045 C. (2) by deleting the phrase "and fifths" and replacing it with the phrase "tenths or hundredths;"(9) Amend PMRMR-020-060 A. (8) by inserting a period after the final word, "Commission," and inserting thereafter the following sentence: "This provision (8) shall not be construed to require that the official veterinarian be physically present for the taking of all specimens."
(10) Amend PMRMR-020-060 A. (10) by deleting the phrase "the racing veterinarian and";(11) Amend PMRMR-020-060 A. (13) by inserting the phrase "or unless authorized to do so by the judges" after the word "injury";(12) Amend PMRMR-020-060 A. (14) by:a. Inserting a comma after the word "Commission"; andb. Inserting the phrase "unless authorized to do so by the judges " after the last comma;(13) Amend the first sentence of PMRMR-020-060 B. by:a. Inserting the word "official" before the word "Veterinarian";b. Deleting the word "not" and replacing it with the word "only"; andc. Deleting the phrase "for ___ days" and replacing it with the phrase "by the official veterinarian";(14) Amend the second sentence of PMRMR-020-060 B. by deleting the phrase "the ____ day period has expired" and replacing it with the phrase "they have been removed from the list";(15) Delete PMRMR-020-065 and all of its sections, paragraphs and subparagraphs entirely;(16) Renumber PMRMR-020-070 as PMRMR-20-065;(17) Amend PMRMR-021-015 B. (1) by:a. Deleting the parenthetical "(jurisdiction)" and replacing it with the phrase "the state of New Hampshire"; andb. Deleting the phrase "in either case not more than the financial liability of the association permit throughout the race meeting for which the association permit is requested" and replacing it with the phrase "not to exceed the requirements of RSA 284:18";(18) Amend PMRMR-021-015 C. (3) by inserting the number "120" in the blank space;(19) Amend PMRMR-021-020 A. (5) (a) by: a. Deleting the word "two" and replacing it with the word "one"; andb. Deleting the "s" from the word "beds";(20) Amend PMRMR-021-020 A. (5) (b) by inserting the phrase "or registered nurse" after the parenthetical "(EMT)";(21) Amend PMRMR-021-020 A. (6) by deleting the phrase "or training";(22) Delete PMRMR-021-020 A. (8) entirely;(23) Amend certain of the paragraph numbers in PMRMR-021-20 A. as follows: a. Renumbering paragraph (9) as paragraph (8);b. Renumbering paragraph (10) as paragraph (9);c. Renumbering paragraph (11) as paragraph (10); andd. Renumbering paragraph (12) as paragraph (11);(24) Amend renumbered PMRMR-021-020 A. (8), identified in the ARCI/NAPRA Joint Rules as PMRMR-021-020 A. (9), by deleting the phrase "or when it is following the field during the running of a race";(25) Amend PMRMR-021-020 C. (3) by:a. Inserting the phrase "or show on television" in the third sentence, after the word "post";b. Deleting the phrase "from a negative" from the fifth sentence; andc. Inserting the phrase "or electronic files" in the sixth sentence, after the word "negatives";(26) Amend PMRMR-021-020 J. (4) (d) by deleting the word "each" and replacing it with the word "one";(27) Amend PMRMR-021-020 L. (2) (a) by inserting the number "4" in the blank space;(28) Amend PMRMR-021-020 L. (2) (b) by inserting the number "4" in the blank space;(29) Amend PMRMR-021-020 L. (2) (d) by inserting the number "2" in the blank space;(30) Amend PMRMR-021-020 L. (3) by: a. Deleting the phrase "An association" and replacing it with the phrase "The Commission";b. Inserting the phrase "and the Commission" at the end of the first sentence; andc. Deleting the second sentence;(31) Amend PMRMR-021-020 M. (1) by deleting the phrase "the racing veterinarian or";(32) Amend PMRMR-021-025 A. (4) by inserting the phrase "the association or" in the second sentence, after the phrase "credentials issued by";(33) Amend PMRMR-021-025 B. (2) by:a. Inserting the number "7" in the blank space;b. Deleting the word "marshal's" from before the word "certification" in the first sentence;c. Deleting the word "marshal's" from before the word "plan" in the first sentence and replacing it with the word "official's";d. Deleting the phrase "the fire marshal" in the second sentence and replacing it with the phrase "a fire official"; ande. Inserting a third sentence at the end of the paragraph reading as follows: "For the purposes of this rule, a "fire official" shall be a person authorized by the municipality in which the meet is to be held to conduct fire inspections in order to determine compliance with state, local or other applicable fire regulations or codes, recommend plans for correction of deficiencies or determine compliance with such plans."
(34) Amend PMRMR-022-010 A. (1) (b) by:a. Inserting the word "and " before the phrase "official veterinarian"; andb. Deleting the phrase "and racing veterinarian";(35) Delete PMRMR-022-010 A. (1) (d) entirely;(36) Delete PMRMR-022-010 A. (3) entirely;(37) Delete PMRMR-022-010 B. and all of its paragraphs and subparagraphs entirely and replace it with the following statement: "PMRMR-022-010 B. has been deleted."
(38) Amend PMRMR-022-010 C. by deleting the phrase "a North American Pari-Mutuel Regulator's Association (NAPRA) or";(39) Amend PMRMR-022-010 H. by deleting paragraphs (7), (8), (9) and (10) in their entirety;(40) Amend certain of the paragraphs in PMRMR-022-010 H. as follows:a. Renumbering paragraph (11) as paragraph (7);b. Renumbering paragraph (12) as paragraph (8);c. Renumbering paragraph (13) as paragraph (9);d. Renumbering paragraph (14) as paragraph (10);e. Renumbering paragraph (15) as paragraph (11);f. Renumbering paragraph (16) as paragraph (12);g. Renumbering paragraph (17) as paragraph (13);h. Renumbering paragraph (18) as paragraph (14);i. Renumbering paragraph (19) as paragraph (15);j. Renumbering paragraph (20) as paragraph (16);k. Renumbering paragraph (21) as paragraph (17); andl. Renumbering paragraph (22) as paragraph (18);(41) Amend renumbered PMRMR-022-010 H. (11), identified in the ARCI/NAPRA Joint Rules as PMRMR-022-010 H. (15), by deleting the numbers "16-18" and replacing them with the numbers "12 - 14";(42) Amend renumbered PMRMR-022-010 H. (18), identified in the ARCI/NAPRA Joint Rules as PMRMR-022-010 H. (22), by:a. Deleting the numbers "13-15" and replacing them with the numbers "9 - 11"; andb. Deleting the numbers "16-18" and replacing them with the numbers "12-14";(43) Amend PMRMR-022-010 P. (2) by deleting the abbreviations "SC, NAPRA";(44) Amend PMRMR-022-010 S. by:a. Inserting the number "30" in the first blank space; andb. Inserting the amount "$500" in the second blank space;(45) Amend PMRMR-022-010 V. by deleting paragraph (3) entirely;(46) Amend PMRMR-022-010 V. (4) by renumbering it as PMRMR-022-10 V. (3);(47) Amend PMRMR-022-010 W. (1) by inserting the phrase "or identification badge" after the word "license";(48) Amend PMRMR-022-010 W. (2) by inserting the phrase "or identification badge" after the word "license";(49) Amend PMRMR-022-010 X. (2) by: a. Inserting the phrase ", the state judge or the board of judges" after the phrase "Track security" at the beginning of the first sentence; andb. Deleting the phrase "track security" at the end of the first sentence and replacing it with the phrase "board of judges";(50) Amend PMRMR-022-010 BB. by: a. Deleting the phrase "NAPRA or";b. Deleting the phrase "SC/USTA, and"; andc. Inserting the phrase "and USTA" after the abbreviation "RCI";(51) Amend PMRMR-022-015 B. (6) by deleting the abbreviation "SC";(52) Amend PMRMR-022-015 C. by deleting the abbreviation "or SC";(53) Amend PMRMR-022-015 D. (1) by deleting the abbreviation "/SC";(54) Delete PMRMR-022-015 D. (2) entirely;(55) Amend PMRMR-022-015 D. (3) by renumbering it as paragraph (2);(56) Delete PMRMR-022-015 D. (4) entirely;(57) Amend PMRMR-022-020 C. (4) by inserting the number "24" in the blank space;(58) Amend PMRMR-022-020 C. (22) by inserting the number "90" in the blank space;(59) Amend PMRMR-022-025 A. (6) by inserting the phrase "and the Horseman's Bookkeeper" after the word "Commission;"(60) Amend PMRMR-022-025 B. (4) by deleting the abbreviation "/SC";(61) Amend PMRMR-022-030 (2) (a) by deleting the abbreviation "/SC";(62) Amend PMRMR-022-040 (2) by inserting the number "3" in the blank space;(63) Amend PMRMR-023-010 A. by: a. Inserting the word "and" at the end of paragraph (2);b. Deleting the semicolon at the end of paragraph (3) and inserting a period;c. Deleting paragraph (4) entirely; andd. Deleting paragraph (5) entirely;(64) Amend PMRMR-023-010 D. by inserting the following after the heading "Qualifying Races":(65) Amend PMRMR-023-015 A. (1) by deleting the phrase ", schooling or matinee";(66) Amend PMRMR-023-015 A. (2) by inserting the number "24" in both the first and the second blank spaces;(67) Amend PMRMR-023-015 B. (2) by inserting the number "3" in the blank space;(68) Amend PMRMR-023-020 A. by: a. Deleting the word "OR" appearing after paragraph (6);b. Deleting paragraph (7) entirely;c. Deleting paragraph (8) entirely;d. Renumbering paragraph (9) as paragraph (7);e. Renumbering paragraph (10) as paragraph (8); andf. Inserting the phrase "within 30 days or at the end of the meet" in the blank space in renumbered paragraph (8), identified in the ARCI/NAPRA Joint Rules as paragraph (10);(69) Amend PMRMR-023-020 C. (1) by inserting the phrase "or certified funds" before the phrase "on deposit";(70) Amend PMRMR-023-020 C. (4) by:a. Deleting the number "30" and replacing it with the number "15";b. Inserting the word "and" after the word "received"; andc. Deleting the phrase "and whether credit in the required amount has been established" from the second sentence;(71) Amend PMRMR-023-020 C. (12) by: a. Inserting the phrase "and blood" after the word "urinalysis" in the first sentence;b. Deleting the word "may" in the first sentence and replacing it with the word "shall"; andc. Inserting the phrase "and blood" after the word "urine" in the second sentence;(72) Amend PMRMR-023-020 C. (15) by inserting the number "30" in the blank space;(73) Amend PMRMR-023-025 C. (1) by inserting the number "45" in the blank space;(74) Amend PMRMR-023-025 C. (2) by: a. Inserting the phrase "December 1st" in the first blank space; andb. Inserting the phrase "November 1st" in the second blank space;(75) Amend PMRMR-023-025 C. (3) by inserting the number "10" in the blank space;(76) Amend PMRMR-023-025 D. (2) (a) by inserting the phrase "October 1st" in the blank space;(77) Amend PMRMR-023-025 D. (2) (b) by inserting the phrase "November 1st" in the blank space;(78) Amend PMRMR-023-025 D. (2) (c) by inserting the phrase "April 1st" in the blank space;(79) Amend PMRMR-023-025 D. (2) (g) by: a. Inserting the phrase "1st" in the first blank space; andb. Inserting the phrase "15th" in the second blank space;(80) Amend PMRMR-023-025 D. (3) by: a. Inserting the number "30" in the first blank space; andb. Inserting the number "7" in the second blank space;(81) Amend PMRMR-023-025 D. (6) by inserting the number "2" in the blank space;(82) Amend PMRMR-023-025 D. (7) by inserting the phrase "April 1st" in the blank space;(83) Amend PMRMR-023-025 D. (10) by: a. Inserting the number "12" in the blank space; andb. Inserting the word "noon" after the word "o'clock";(84) Amend PMRMR-023-025 D. (11) by inserting the number "15" in the blank space;(85) Amend PMRMR-023-025 D. (14) by inserting the number "6" in the blank space;(86) Amend PMRMR-023-025 D. (20) by inserting the number "80" in the blank space;(87) Amend PMRMR-023-025 D. (21) by inserting the number "75" in the blank space;(88) Amend PMRMR-023-025 D. (22) by: a. Inserting the number "60" in the first blank space;b. Inserting the number "40" in the second blank space; andc. Inserting the number "7" in the third blank space;(89) Amend PMRMR-023-025 D. (26) by:a. Inserting the number "10" in the first blank space;b. Inserting the number "10" in the second blank space;c. Inserting the number "10" in the third blank space; andd. Inserting the number "10" in the fourth blank space;(90) Amend PMRMR-024-010 A. by:a. Inserting the time "9:00" in the blank space in (1)(a); andb. Inserting the time "10:00" in the blank space in (1)(b);(91) Amend PMRMR-024-010 B. by inserting the amount "$500" in the blank space in paragraph (8);(92) Amend PMRMR-024-010 C. by:a. Deleting the word "Commission" in paragraph (1) and replacing it with the phrase "racing secretary";b. Inserting the number "30" in the first blank space in (3)(b);c. Inserting the number "60" in the second blank space in (3)(b);d. Deleting the word "Commission" in the second sentence of (3)(b) and replacing it with the phrase "board of judges"; ande. Inserting the number "30" in the blank space in (3)(c);(93) Amend PMRMR-024-010 D. by inserting the number "2" in the blank space;(94) Amend PMRMR-024-015 A. (1)(a) by deleting the word "may" and replacing it with the word "shall";(95) Amend PMRMR-024-020 (7) by:a. Deleting the phrase "with the representative of the drivers and trainers and a representative of management. If required by the judges and the representative of the drivers and trainers shall conduct a secret ballot of the drivers and trainers of horses participating in that program of racing"; andb. Deleting the phrase "If the vote of the drivers and trainers determines that more than ___ percent vote against racing, the card shall be cancelled. If more than ___ percent and less than ___ percent vote to race, trainers will be allowed to withdraw horses without penalty. If more than ___ percent vote to race, the regular rules of withdrawal and scratching of horses will apply";(96) Amend PMRMR-024-025 by: a. Inserting the number "30" in the blank space in (1)(e);b. Inserting the number "14" in the blank space in (1)(f); andc. Deleting the parenthetical "(Number of Times)" in (1)(k)(4) and replacing it with the word "once";(97) Amend PMRMR-024-030 B. by deleting the phrase "and be shown on the program";(98) Amend PMRMR-024-035 A. by: a. Inserting the number "10" in the blank space in paragraph (3); andb. Inserting the number "3" in the blank space in paragraph (4);(99) Amend paragraph PMRMR-024-035 J. (1) by inserting a new subparagraph (m) immediately before paragraph (2) to read as follows: (m) Fail to react to an excessive slow 1/4.";
(100) Amend PMRMR-024-035 by deleting the second section B., entitled "B. Passing Lane" and all of its paragraphs and subparagraphs entirely;(101) Amend chapter PMRMR-025 by deleting the words "steward" and "stewards" throughout the chapter and replacing them with the words "judge" and "judges" respectively;(102) Amend PMRMR-025-010 B. (1) by: a. Deleting the phrase "as otherwise provided by this subsection"; andb. Inserting in place of the deleted phrase, after the word "except," the phrase "for a veterinary assistant operating under the direction of a veterinarian licensed by the Commission or as otherwise provided by this subsection or by Pari 700;"(103) Amend the first sentence of PMRMR-025-010 B. (3) by: a. Deleting the phrase "unless otherwise approved by the Commission"; andb. Inserting in place of the deleted phrase, after the word "grounds," the phrase "other than a licensed veterinarian except as provided below";(104) Amend PMRMR-025-010 B. (3) by deleting the third sentence and replacing it with"A person who has a medical condition which makes it necessary to have a syringe at any location under the jurisdiction of the Commission, that person shall upon request of the Commission furnish a letter from a licensed physician explaining why it is necessary for the person to possess a syringe, and must comply with any conditions and restrictions set by the Commission.";(105) Amend PMRMR-025-010 B. (4) by deleting the citation "PMRMR-011-020 F." and replacing it with the citation "PMRMR-025-020";(106) Amend PMRMR-025-010 B. by adding a subparagraph (5) reading as follows: "Any horse entered for racing must be present on the grounds 5 hours prior to the post time of the race they are entered in."
(107) Amend PMRMR-025-010 C. (1) by:a. Deleting the phrase "a form(s) approved" after the phrase "in writing on" and replacing it with the phrase "the medication report form prescribed";b. Inserting the phrase "thejudges or other Commission designee at the racetrack where the horse is entered to run or as otherwise specified by the Commission,"before the phrase "the name of the horse treated"; andc. Inserting the phrase "or the judges" after the second phrase "official veterinarian";(108) Amend PMRMR-025-010 C. (2) by deleting the word "report" and replacing it with the phrase "medication report form";(109) Amend PMRMR-025-010 C. (3) by deleting the phrase "report shall be on file not later than the time prescribed by the official veterinarian" and replacing it with the phrase "medication report form must be filed by the treating veterinarian not later than post time of the race for which the horse is entered";(110) Amend PMRMR-025-010 C. (4) by: a. Deleting the word "veterinarian" and replacing it with the phrase "medication";b. Inserting the word "form" after the word "Report";c. Inserting the phrase ", if any," after the word "extent";d. Inserting the word "rules" before the word "violation"; ande. Deleting the phrase "of these rules" after the word "violation";(111) Amend PMRMR-025-015 by: a. Deleting paragraphs (1), (2), (3) and (5) entirely and renumbering paragraph (4) as paragraph (2);b. Inserting the following as a new paragraph (1) after the introductory phrase "The following are considered prohibited practices":(1) Those practices and the use of those substances which are prohibited under Pari 700"; andc. Replacing the "X" and blank spaces appearing in paragraph (4), renumbered here as paragraph (2), with the number "10";(112)Amend PMRMR-025-020 by:a. Inserting immediately after the title of the section a sentence reading as follows: "The rules of the Commission relating to the use of prohibited substances and practices in horse racing shall be as set forth in Pari 700";
b. Deleting from the introductory paragraph the sentences reading "The stewards shall also consult with the official veterinarian to determine the nature and seriousness of the laboratory finding or the medication violation and if the violation was a result of the administration of a therapeutic medication as documented in a veterinarian's report received per PMRMR-011-010 (C). Provided, however, that in the event a majority of the stewards determine that mitigating circumstances require imposition of a lesser penalty they may impose the lesser penalty. In the event a majority of the stewards wish to impose a greater penalty or a penalty in excess of the authority granted to them, then, and in such event, they may impose the maximum penalty authorized and refer the matter to the with specific recommendations for further action. In determining if there are mitigating circumstances surrounding a medication violation for substances referred to in sections E, F, H and I of the Rule the stewards shall consider, at least the following:";c. Inserting in the introductory paragraph, immediately before item number 1., a sentence reading as follows: " Penalties for all medication and drug violations shall be investigated and reviewed on a case-by-case basis. Extenuating factors include, but are not limited to:"
d. Inserting in item number 1. the phrase " veterinarian and owner" after the word "trainer";e. Inserting in item number 3. the word "legal" before the word "availability";f. Deleting from item number 4. the word "use" and inserting in its place the phrase "or intentionally administered the drug" after the word "drug";g. Deleting from item number 8. the phrase "Veterinarian's Report(s), and" and inserting in its place the phrase "Medication Report Form";h. Inserting at the end of item number 9. the word and punctuation ", and;";i. Inserting after item number 9. a new item 10. reading as follows: 10. Whether the licensed trainer was acting under the advice of a licensed veterinarian";j. Inserting after the new item 10. an unnumbered concluding paragraph reading as follows: "As a result of the investigation, there may be mitigating circumstances for which a lesser or no penalty is appropriate for the licensee and aggravating factors, which may increase the penalty beyond the minimum.";
k. Deleting the content of section "A," "Uniform Classification Guidelines," entirely and inserting in its place the following sentence: A. Uniform Classification Guidelines - The classification guidelines for foreign or prohibited substances and prohibited practices shall be as set forth in Pari 700."l. Deleting the content of section "B," "Penalties," entirely and inserting in its place the following sentence: B. Penalties - The penalties for violation of the Commission's rules on the use of foreign or prohibited substances and prohibited practices in horse racing shall be as set forth in Pari 700, subject to the additional provisions appearing above."(113) Amend PMRMR-025-020 C. (1) by inserting in the second sentence the phrase "substances prohibited under Pari 700 and" after the phrase "substances include";(114) Amend PMRMR-025-020 E. by deleting the content of section E., "Non-Steroidal Anti-Inflammatory Drugs (NSAIDs)" and all of its paragraphs and subparagraphs entirely and inserting in its place the following:E. Non-Steroidal Anti-Inflammatory Drugs (NSAIDs)(1) Phenylbutazone may be administered only to horses 3 years of age and older.(2) Phenylbutazone may not be administered in an amount that results in more than 5 micrograms per milliliter of blood plasma/serum being present in the horse, as determined by the analysis of an official test sample.(3) Phenylbutazone is not permissible at any level in horses below the age of 3 years.(4) A violation of the above provisions relative to phenylbutazone shall, for the purpose of the imposition of penalties, be treated as if it constitutes an infraction of the ARCI Uniform Classification Guidelines, as described in Pari 700, for which the penalty provisions relative to a class 4 drug apply.(115) Amend PMRMR-025-020 F. (1) by: a. Inserting a new subparagraph (e) reading as follows:(e) Furosemide shall only be administered on association grounds"; andb. Inserting a new subparagraph (f) reading as follows:(f) Upon the request of the Commission's designee, the veterinarian administering the authorized bleeder medication shall surrender the syringe used to administer such medication which may then be submitted for testing."(116) Amend PMRMR-025-020 by:a. Deleting section H and all of its paragraphs and subparagraphs entirely; andb. Deleting section I and all of its paragraphs and subparagraphs entirely;(117)Amend PMRMR -025-023 A. (4) by: a. Deleting the phrase "A track security guard" and replacing it with the phrase "The Commission or its designee";b. Inserting the phrase "or association" before the phrase "identification badge"; andc. Deleting the phrase "and immediately following" after the word "during";(118) Amend PMRMR- 025-023-B. (1) by adding the phrase "or the Commission racing lab" after the word "veterinarian";(119) Amend PMRMR-025-023 B. (2) by deleting the paragraph, and all of its subparagraphs, entirely;(120) Amend PMRMR-025-023 C. by deleting the section and all of its paragraphs and subparagraphs entirely;(121) Amend PMRMR-025-023 D. by:a. Renumbering the section as PMRMR-025-023 C.;b. Amending the introductory paragraph by deleting the phrase "either primary or split" after the word "conducting";c. Deleting the "committee note" appearing after paragraph D. (1), renumbered here as C. (1), entirely; andd. Deleting the phrase "LC/MS" and replacing it with the phrase "GC/MS"(122) Amend PMRMR-025-025 by deleting the phrase "workout or";(123) Amend PMRMR-025-030 A. (2) by deleting the phrase "or the racing veterinarian";(124) Amend PMRMR-025-030 A. (4) (e) by deleting the phrase "and/or the racing veterinarian";(125) Amend PMRMR-025-030 A. (6) by deleting the phrase "and/or the racing veterinarian"; and(126) Amend PMRMR-025-030 C. by renumbering the sentence beginning "The cost of," appearing after subparagraph (4), as subparagraph (5).N.H. Admin. Code § Pari 604.01
#8605, eff 4-12-06; amd by #9248, eff 8-29-08