Preproposal statement of inquiry was filed as WSR 05-23-169.
Title of Rule and Other Identifying Information: Chapter 260-32 WAC, Jockeys, apprentices, and agents.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 9, 2006, at 9:30 a.m.
Date of Intended Adoption: March 9, 2006.
Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail firstname.lastname@example.org, fax (360) 459-6461, by March 6, 2006.
Assistance for Persons with Disabilities: Contact Patty Sorby by March 6, 2006, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As part of the agency's regulatory reform most of this section has been amended. Substantive changes to existing rules include, WAC 260-32-010, changes to the minimum age and maximum weight allowed; WAC 260-32-160 Physical examinations, changes to determining a jockey's fitness to ride; WAC 260-32-170, changes to this section clarify under what conditions a jockey may wager on a race; WAC 260-32-190, changes allow jockeys, during periods of suspension to ride in designated races; WAC 260-32-370, changes allow an apprentice jockey to receive an apprentice certificate and also a ten-pound allowance; and WAC 260-32-400, make changes to abilities of a jockey agent. In addition several existing sections have had amendments made to clarify current practices. Finally, in chapter 260-32 WAC fourteen sections are being repealed and three new sections are being added.
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.
January 13, 2006
R. M. Leichner
AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)
WAC 260-32-010 License required -- Minimum age and maximum weight. (1) ((
Each jockey must obtain a license from the
(2))) No ((
boy)) person under (( sixteen)) eighteen years
shall be granted a jockey's license.
(2) A person whose weight exceeds one hundred thirty pounds at the time of application shall not be licensed as a jockey.
[Rules of racing, §§ 139, 140, filed 4/21/61.]
[Rules of racing, § 144, filed 4/21/61.]
[Rules of racing, § 146, filed 4/21/61.]
[Rules of racing, § 147, filed 4/21/61.]
[Rules of racing, § 149, filed 4/21/61.]
(2) The weight of the protective helmet shall not be included in the jockey's weight.
(3) The safety vest shall weigh no more than two pounds and shall not be included in the jockey's weight.
(4) Safety vests shall not be altered.
[Rules of racing, § 153, filed 4/21/61.]
[Rules of racing, § 154, filed 4/21/61.]
[Rules of racing, § 155, filed 4/21/61.]
[Rules of racing, § 156, filed 4/21/61.]
(1) The owner or trainer of the horse, which the jockey is riding, makes the wager for the jockey;
(2) The jockey only wagers on his/her mount to win or finish first in combinations with other horses in multiple wagers;
(3) Records of such wagers are kept and available for presentation upon request by the stewards; and
(4) The jockey has fulfilled his/her riding engagements for the day and left the jockey's quarters.
[Rules of racing, § 157, filed 4/21/61.]
(a) If any owner or trainer engages two or more jockeys
for the same race, he/she shall pay the losing fee for each
engaged)) jockey not riding in the race, as well as the
proper fee to the jockey who does ride. In the event an owner
or trainer elects to remove a jockey from his/her mount after
scratch time or such other time as designated by the stewards,
the stewards may require a double jockey fee to be paid. The
double jockey fee to be paid may be equal to that earned by
the jockey who rode the race or a losing fee, as determined by
the board of stewards.
(b) A jockey's fee shall be considered earned when the
jockey is weighed out by the)) clerk of scales weighs out
the jockey. The fee shall not be considered earned if the
jockey, of his/her own free will, takes himself/herself off
(( his)) their mount, where injury to the horse or rider is not
involved. Any conditions or considerations not covered by the
above ruling shall be at the discretion of the stewards.
(2) In a dead heat the jockeys involved shall divide equally the sum total of the fees they would have received individually had one beaten the other or others. Likewise, the owners of the horses involved shall pay their equal share.
[Statutory Authority: RCW 67.16.040. 98-07-070, § 260-32-180, filed 3/17/98, effective 4/17/98; Order 4, § 260-32-180, filed 12/24/69; Rules of racing, §§ 158, 159, filed 4/21/61.]
Official rulings for riding infractions not
involving fraud, with sanctions of suspension for ten days or
less shall state the term of the suspension and shall not
prohibit participation in designated races.
(3))) A listing of the designated races shall be posted in the jockey's room, and any other such place deemed appropriate by the stewards.
(4))) (3) A suspended jockey must be named at the time
of entry to participate in any designated race.
(5))) (4) A day in which a jockey participated in a
designated race while on suspension shall count as a
suspension day, except:
(a) A day in which a suspended jockey participates in more than one designated race in Washington shall not count as a suspension day; and
(b) A day in which a jockey participates in one or more designated races in another jurisdiction shall not count as a suspension day.
[Statutory Authority: RCW 67.16.040. 91-15-036, § 260-32-190, filed 7/16/91, effective 8/16/91; Rules of racing, § 160, filed 4/21/61.]
[Rules of racing, § 162, filed 4/21/61.]
[Rules of racing, § 163, filed 4/21/61.]
[Rules of racing, § 164, filed 4/21/61.]
[Rules of racing, § 166, filed 4/21/61.]
(2) An apprentice jockey may be granted an apprentice certificate by the board of stewards. The apprentice certificate shall grant an apprentice all the allowances and conditions stated in these rules.
(3) An apprentice jockey eligible for a ten-pound allowance may not accept mounts on two year olds and first time starters, without prior approval of the board of stewards.
(4) The conditions of an apprentice jockey license do not apply to quarter horse or mixed breed racing. A jockey's performances in quarter horse or mixed breed racing do not apply to the conditions of an apprentice jockey.
(3))) (5) An applicant with an approved apprentice
certificate from another jurisdiction may be licensed as an
(4))) (6) An apprentice certificate may be obtained
from the stewards on a form provided by the commission. A
person shall not receive more than one apprentice certificate.
In case of emergencies, a copy of the original may be
obtained from the commission where it was issued.
(5))) (7) The apprentice jockey shall be responsible to
have his/her apprentice certificate with them at all times. Prior to riding, the apprentice certificate shall be submitted
to the clerk of scales at each racing association in which the
apprentice is licensed and riding.
(6))) (8) The apprentice jockey shall keep an accurate
updated record of his/her first forty winners, to be recorded
on the certificate by the clerk of scales.
(7))) (9) An apprentice jockey may claim the following
weight allowances in all overnight races except stakes and
(a) Ten pound allowance beginning with the first mount and continuing until the apprentice has ridden five winners:
(b) Seven pound allowance until the apprentice has ridden an additional thirty-five winners; and
(c) If an apprentice has ridden a total of forty winners prior to the end of a period of one year from the date of riding their fifth winner, the apprentice jockey shall have an allowance of five pounds until the end of that year;
(d) If after one year from the date of the fifth winning mount, the apprentice jockey has not ridden forty winners, the applicable weight allowance shall continue for one more year or until the 40th winner, whichever comes first. In no event may a weight allowance be claimed for more than two years from the date of the fifth winning mount, unless an extension has been granted.
(8))) (e) An apprentice may waive the ten- or
seven-pound allowance, but shall not be eligible to reinstate
either allowance once waived.
(10) The commission may extend the period in which an
apprentice jockey is allowed a weight allowance ((
apprentice jockey)) when, at the discretion of the commission,
an apprentice jockey is unable to continue riding due to:
(a) Physical disablement or illness;
(b) Military service;
(c) Attendance in an institution of secondary or higher education;
(d) Restriction on racing;
(e) Other valid reasons.
(9))) (11) In order to qualify for an extension, an
apprentice jockey shall have been rendered unable to ride for
a period of not less than seven consecutive days during the
period in which the apprentice was entitled to an apprentice
weight allowance. (( Under exceptional circumstances, total
days lost collectively will be given consideration.
(10))) (12) The commission currently licensing the apprentice jockey shall have the authority to grant an extension to an eligible applicant, but only after the apprentice has produced documentation, verifying time lost as defined by this regulation.
(11))) (13) An apprentice may petition (( one of)) the
jurisdictions in which he or she is licensed and riding for an
extension of the time for claiming apprentice weight
allowances granted by the commission, and the apprentice shall
be bound by the decision of the jurisdiction so petitioned.
(12) Apprentice jockeys shall be bound by all rules for
jockeys, except insofar as said rules may be in conflict with
[Statutory Authority: RCW 67.16.040. 98-01-146, § 260-32-370, filed 12/19/97, effective 1/19/98.]
(2) No jockey agent shall be the owner or trainer of any horse.
(3) A jockey agent may represent up to three jockeys
providing the conditions justify and upon approval of the
(4) No jockey agent shall make or assist in making any engagement for any rider other than those he is licensed to represent, without prior approval of the board of stewards, which may be granted for a temporary time period not to exceed ten days.
(5) If a jockey agent is absent for a period of more than ten days, the jockey will be required to engage another jockey agent.
(6) Each jockey agent shall keep, on a form provided by the association, a record by races of all engagements made by him of the riders he is representing. This record must be kept up to date and held ready at all times for the inspection by the stewards.
(7) If any jockey agent gives up the making of
engagements for any rider, he/she shall immediately notify the
stewards, and he/she shall also turn over to the stewards a
list of any unfilled engagements he/she may have made for that
rider. A jockey agent may not drop a rider without notifying
the board of stewards in writing. ((
All rival claims for the
services of a rider will be adjusted by the stewards.)) The
stewards will decide all rival claims for the services of a
rider. Jockey agents who fail to honor commitments made are
subject to disciplinary action.
[Statutory Authority: RCW 67.16.040. 92-21-027, § 260-32-400, filed 10/13/92, effective 11/13/92. Statutory Authority: RCW 67.16.020 and 67.16.040. 80-01-073 (Order 79-03), § 260-32-400, filed 12/24/79; Rules of racing, § 174, filed 3/11/65; filed 4/21/61.]
[Statutory Authority: RCW 67.16.020 and 67.16.040. 82-09-016 (Order 82-03), § 260-32-420, filed 4/9/82.]
The following sections of the Washington Administrative Code are repealed:
|WAC 260-32-020||Riding prior to licensure.|
|WAC 260-32-030||Apprentice may ride in same race with jockeys.|
|WAC 260-32-050||Stable prerequisite to contract holding.|
|WAC 260-32-060||Riding for other than contract employer.|
|WAC 260-32-090||Riding against starter of contract employer.|
|WAC 260-32-110||Protective helmet.|
|WAC 260-32-115||Safety vests.|
|WAC 260-32-240||Priority of retainers.|
|WAC 260-32-310||Contracts -- Form -- Filing.|
|WAC 260-32-320||Contracts -- Transfers.|
|WAC 260-32-330||Stable prerequisite to contract holding.|
|WAC 260-32-335||Apprentice certificates.|
|WAC 260-32-340||Application for license -- Supporting documents.|
|WAC 260-32-350||Riding for other than contracted employer -- Fee entitlement.|