PROPOSED RULES
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.]