WSR 06-23-092

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed November 14, 2006, 2:03 p.m. , effective January 1, 2007 ]


     Effective Date of Rule: January 1, 2007.

     Purpose: This rule-making order will adopt changes to chapter 296-17 WAC, General reporting rules, classifications, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance. The order will create two new classifications for the horse racing industry at their request and amend two existing classifications.

     New classifications created to become effective January 1, 2007: WAC 296-17-73201, create new classification for exercise riders - major tracks and 296-17-73203, create new classification for exercise riders - fair meets or bush tracks.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-17-73105 and 296-17-73107.

     Statutory Authority for Adoption: RCW 51.16.035 and 51.16.100.

      Adopted under notice filed as WSR 06-18-081 on September 5, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 2, Amended 2, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: November 14, 2006.

Judy Schurke

Acting Director

OTS-9105.2


AMENDATORY SECTION(Amending WSR 98-18-042, filed 8/28/98, effective 10/1/98)

WAC 296-17-73105   Classification 6614.  


6614-00 Parimutuel horse racing: All other employees, N.O.C. - major tracks

     (to be assigned only by the horse racing underwriter)

     Applies to licensed employees of licensed horse trainers and/or horse owners who conduct business at a major parimutuel horse racing track((. These tracks are currently Yakima Meadows in Yakima, Playfair in Spokane and)) such as Emerald Downs in Auburn. This classification applies to on and off track employees such as assistant trainers((,)) and pony riders ((and exercise riders. Jockeys are considered exercise riders when employed by a trainer and/or owner at a time other than during a scheduled race meet)). The dates of a race meet are set for each track by the Washington horse racing commission. Coverage provided in this classification is funded by premiums collected at the time of licensing. Trainers premiums are collected on a per license basis.

     This classification excludes licensed grooms working at major tracks who are to be reported separately in classification 6615; unlicensed employees who work only on a farm or ranch who are to be reported separately in classification 7302; ((and)) assistant trainers((,)) and pony riders ((and exercise riders)) working at a fair or bush track who are to be reported separately in classification 6616; exercise riders working at a major track who are to be reported in classification 6622 and exercise riders at a fair or bush track who are to be reported in classification 6623.

     Special note: All employees working at a major track must be licensed by the Washington state horse racing commission.

[Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-73105, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1). 89-16-001 (Order 89-07), § 296-17-73105, filed 7/20/89, effective 8/20/89.]


AMENDATORY SECTION(Amending WSR 98-18-042, filed 8/28/98, effective 10/1/98)

WAC 296-17-73107   Classification 6616.  


6616-00 Parimutuel horse racing: All other employees, N.O.C. - fair meets or bush tracks

     (to be assigned only by the horse racing underwriter)

     Applies to licensed employees of licensed horse trainers and/or horse owners who conduct business at a fair meet or bush track. This classification applies to on or off track employees such as assistant trainers((,)) and pony riders((, and exercise riders. Jockeys will be considered exercise riders when employed by a trainer and/or owner at a time other than during a scheduled race meet)). The dates of a race meet are set for each track by the Washington state horse racing commission. Coverage provided in this classification is funded by premiums collected at the time of licensing. Trainer premiums are collected on a per license basis.

     This classification excludes assistant trainers((,)) and pony riders ((and exercise riders)) working at a major track who are to be reported separately in classification 6614; grooms working at a major track who are to be reported separately in classification 6615 ((and)), grooms working at a fair or bush track who are to be reported separately in classification 6617; exercise riders working at a major track who are to be reported in classification 6622 and exercise riders at a fair or bush track who are to be reported in classification 6623.

     Special note: All employees working at a fair or bush track must be licensed by the Washington state horse racing commission.

[Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-73107, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1). 89-16-001 (Order 89-07), § 296-17-73107, filed 7/20/89, effective 8/20/89.]

OTS-9106.1


NEW SECTION
WAC 296-17-73201   Classification 6622.  


6622-00 Parimutuel horse racing: Exercise riders - major tracks

     (to be assigned only by the horse racing underwriter)

     Applies to licensed employees of licensed horse trainers and/or horse owners who conduct business at a major parimutuel horse racing track such as Emerald Downs. This classification applies to on and off track employment of exercise riders. Jockeys are considered exercise riders when employed by a trainer and/or owner at a time other than during a scheduled race meet. The dates of a race meet are set for each track by the Washington state horse racing commission. Coverage provided in this classification is funded by premiums collected at the time of licensing. Trainers' premiums are collected on a per license basis.

     This classification excludes licensed grooms working at major tracks who are to be reported separately in classification 6615; licensed grooms working at fair or bush tracks who are to be reported in 6617; unlicensed employees who work only on a farm or ranch who are to be reported separately in classification 7302; assistant trainers and pony riders working at a major track who are to be reported separately in classification 6614; assistant trainers and pony riders working at a fair or bush track who are to be reported in 6616; and exercise riders at a fair or bush track who are to be reported in 6623.

     Special note: All employees working at a major track must be licensed by the Washington state horse racing commission.

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NEW SECTION
WAC 296-17-73203   Classification 6623.  


6623-00 Parimutuel horse racing: Exercise riders - fair meets or bush tracks

     (to be assigned only by the horse racing underwriter)

     Applies to licensed employees of licensed horse trainers and/or horse owners who conduct business at a fair meet or bush track. This classification applies to on or off track employment of exercise riders. Jockeys will be considered exercise riders when employed by a trainer and/or owner at a time other than during a scheduled race meet. The dates of a race meet are set for each track by the Washington state horse racing commission. Coverage provided in this classification is funded by premiums collected at the time of licensing. Trainer premiums are collected on a per license basis.

     This classification excludes assistant trainers and pony riders working at a major track who are to be reported separately in classification 6614; assistant trainers and pony riders working at a fair or bush track who are to be reported in 6616; grooms working at a major track who are to be reported separately in classification 6615; grooms working at a fair or bush track who are to be reported separately in classification 6617; and exercise riders working at a major track who are to be reported in 6622.

     Special note: All employees working at a fair or bush track must be licensed by the Washington state horse racing commission.

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