WSR 05-13-109

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed June 17, 2005, 1:00 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-09-007.

Title of Rule and Other Identifying Information: WAC 260-32-160 Physical examinations.

Hearing Location(s): Peppertree Auburn Inn, 401 8th Street S.W., Auburn, WA 98001, on August 11, 2005, at 9:30 a.m.

Date of Intended Adoption: August 11, 2005.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by August 8, 2005.

Assistance for Persons with Disabilities: Contact Patty Sorby by August 8, 2005, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Eliminates the requirement that all jockeys, prior to the beginning of a race meet, to be examined by licensed physician to establish their physical condition and freedom from disabling defects and/or disease. Instead, the commission will grant the board of stewards the authority to request a jockey provide a physician's written statement before being allowed to ride.

Reasons Supporting Proposal: Eliminates the need for the racetrack to retain a licensed physician and for all jockeys to be examined. Rather the new rule only requires a jockey provide a written statement from a physician on their condition to ride.

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Proponent: Washington Horse Racing Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

June 16, 2005

R. M. Leichner

Executive Secretary

OTS-8151.1


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

WAC 260-32-160   ((Physical examinations.)) Physician's written statement.   ((Before the commencement of a meeting all jockeys must be examined by a licensed physician, designated by the board of stewards in order to establish their physical condition and freedom from disabling defects or contagious disease.)) During the conduct of a ((meeting,)) race meet the board of stewards may require ((that any)) a jockey ((be reexamined and may refuse to allow said jockey to ride until he successfully passes such examination)) to provide a physician's written statement before being allowed to ride in a race.

[Rules of racing, 156, filed 4/21/61.]

Washington State Code Reviser's Office