WSR 99-02-082

PROPOSED RULES

HORSE RACING COMMISSION

[Filed January 6, 1999, 11:39 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-16-102.

Title of Rule: WAC 260-44-110 Weighing in--Procedure and 260-44-120 Weighing in--Weigh in/weigh out--Tolerances--Penalties.

Purpose: Conform to nationally accepted uniform rules.

Statutory Authority for Adoption: RCW 67.16.040.

Summary: Adding additional clarifying language to existing rule.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bruce Batson, Olympia, Washington, (360) 459-6462.

Name of Proponent: Washington Horse Racing Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Adding additional clarifying language to existing rules, plus additional language to render the rules gender generic.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not affect more than 20% or less than 10% of the population. A small business economic impact statement was not prepared.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Auburn City Council Chambers, 24 [25] West Main, Auburn, WA 98001, on February 10, 1999, at 10:00 a.m.

Submit Written Comments to: Bruce Batson, Executive Secretary, Washington Horse Racing Commission, 7912 Martin Way #D, Olympia, WA 98516-5703, fax (360) 459-6461, by January [February] 9, 1999.

Date of Intended Adoption: February 10, 1999.

January 6, 1999

Bruce Batson

Executive Secretary



AMENDATORY SECTION (Amending Rules of racing, §§ 309 through 312, filed 4/21/61)



WAC 260-44-110  Weighing in--Procedure. (1) After a race has been run and after ((he)) the jockey has pulled up the horse he or she has ridden, the jockey shall ride promptly to the winner's circle and there dismount, after obtaining permission from the judges and present himself to the clerk of the scales to be weighed in accordance with a method approved by the commission. If a jockey is prevented from riding his mount to the judge's stand because of an accident or of illness either to himself or his horse, he may walk or be carried to the scales, or he may be excused by the stewards from weighing.

(2) Except by permission of the stewards, every jockey must, upon returning to the placing judge's stand, unsaddle the horse he has ridden, and no person shall touch the jockey or the horse except by his bridle, nor cover the horse in any manner until the jockey has removed the equipment to be weighed.

(3) No person shall assist a jockey in removing from his horse the equipment that is to be included in the jockey weight, except by permission of the stewards.

(4) Each jockey shall, in weighing in, carry over to the scales all pieces of equipment with which he weighed out. Thereafter he may hand it to his attendant.



[Rules of racing, §§ 309 through 312, filed 4/21/61.]



AMENDATORY SECTION (Amending Rules of racing, §§ 313, 314, filed 4/21/61)



WAC 260-44-120  Weighing in--Weigh in/weigh out--Tolerances--Penalties. (1) Each jockey shall weigh in at the same weight as that at which he weighed out, and if short of it by more than two pounds his mount shall be disqualified. Should a weight discrepancy arise after a race has been declared official, a change in the order of finish will not affect the parimutuel payoffs.

(2) If any jockey weighs in at more than two pounds over his proper or declared weight, he shall be fined or suspended or ruled off at the discretion of the stewards, who shall have regard for any excess weight caused by rain or mud, and the case shall be reported to the commission for such action as it may deem proper to take.



[Rules of racing, §§ 313, 314, filed 4/21/61.]

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