WSR 06-03-092

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 13, 2006, 2:50 p.m. ]

Original Notice.

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 rlopez@whrc.state.wa.us, 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 Finally, in chapter 260-32 WAC fourteen sections are being repealed and three new sections are being added.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

Executive Secretary

OTS-8577.1


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 commission.

(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.]


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

WAC 260-32-040   Jockey may not be owner or trainer.   ((No licensed)) A jockey shall not be ((the)) an owner or trainer of any ((race horse)) horse competing at the race meet where the jockey is riding.

[Rules of racing, 144, filed 4/21/61.]


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

WAC 260-32-070   Weighing out.   Jockeys are required to present themselves to be weighed out ((at the time fixed)) as directed by the clerk of the scales.

[Rules of racing, 146, filed 4/21/61.]


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

WAC 260-32-080   Must fulfill engagements.   All jockeys shall faithfully fulfill all engagements in respect to racing, unless excused by the board of stewards or a physician.

[Rules of racing, 147, filed 4/21/61.]


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

WAC 260-32-100   Appearance and costume.   In riding a race a jockey must be neat in appearance. All riders must be dressed in clean jockey ((costumes)) attire, caps, and jackets of silk or waterproof material, white ((breeches)) jockey's pants and top boots. During off-track conditions protective rain pants may be of a different color.

[Rules of racing, 149, filed 4/21/61.]


NEW SECTION
WAC 260-32-105   Safety equipment.   (1) It shall be mandatory that jockeys wear a protective helmet and safety vests in compliance with WAC 260-12-180.

(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.

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

WAC 260-32-130   Colors.   A jockey must wear the colors of the owner or owners of the horse he/she is riding (except by special permission of the stewards) ((and the posting of such a change in colors on the bulletin board)), and a number on the saddle cloth corresponding to the number of the horse as exhibited after the weighing out.

[Rules of racing, 153, filed 4/21/61.]


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

WAC 260-32-140   Numbers.   A jockey ((shall)) may be required to wear a number on his/her right arm. The number on the jockey's arm ((and it)) and the saddle cloth number shall correspond to the number of the horse in the official program.

[Rules of racing, 154, filed 4/21/61.]


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

WAC 260-32-150   Reporting in prior to race -- Attendance pending engagements.   Every jockey who is engaged in a race shall report to the scale room on the day of the race at the time required by the officials. He/she shall then report his/her engagements and overweight, if any, to the clerk of scales, and thereafter, except with the permission of the stewards, shall not leave the jockey room, except to view the races from a point approved by the stewards or to ride in a race, until all of his/her engagements of the day have been fulfilled.

[Rules of racing, 155, filed 4/21/61.]


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

WAC 260-32-160   Physical examinations.   ((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, if the board of stewards has reasonable concerns that a jockey may be unfit to ride due to physical ailment, the board of stewards may require that any jockey be ((reexamined)) examined by a physician and may refuse to allow said jockey to ride until he ((successfully passes such examination))/she presents a physician's statement that the jockey is physically fit to ride.

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


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

WAC 260-32-170   Betting.   ((No jockey shall make a bet on any race nor accept the promise, or the token of any bet, with respect to the race in which he is riding, except through or from the owner or trainer of the horse he rides, and then only on that horse.)) A jockey shall only be allowed to wager on a race in which the jockey is riding, and then only if:

(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.]


NEW SECTION
WAC 260-32-175   Jockey's spouse.   A jockey shall not compete in any race against a horse, which is trained by the jockey's spouse, except in stakes and handicaps with approval of the stewards.

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AMENDATORY SECTION(Amending WSR 98-07-070, filed 3/17/98, effective 4/17/98)

WAC 260-32-180   Fees.   (1) ((Jockey's riding fees, for a meeting must be approved by the commission.)) The commission must approve jockey riding fees prior to the beginning of a race meet.

(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.]


AMENDATORY SECTION(Amending WSR 91-15-036, filed 7/16/91, effective 8/16/91)

WAC 260-32-190   Temporary suspension.   (1) If a jockey is suspended for an offense not involving fraud, and the suspension is for ten days or less, then the jockey may ride in those stakes races, futurity races, futurity trials, or other races which are designated by the ((respective)) board of stewards as races in which the jockey may compete, even though under suspension.

(2) ((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.]


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

WAC 260-32-210   Payment of ((forfeitures)) fines.   ((A forfeiture)) All fines must be paid by the jockey ((himself and any)). Any other person paying ((it)) a jockey's fine shall be subject to ((punishment)) disciplinary action.

[Rules of racing, 162, filed 4/21/61.]


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

WAC 260-32-220   Jockey limited to one agent who shall make all engagements.   ((Every)) A jockey may have only one agent ((and no more)). All engagements to ride((, other than those for his contract employer,)) shall be made by his/her agent. All jockeys are bound by agreements made on their behalf by their jockey agent.

[Rules of racing, 163, filed 4/21/61.]


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

WAC 260-32-230   Attendants.   No jockey shall have an attendant other than those provided by the association. ((Such attendants shall be paid from an assessment collected from the jockeys.))

[Rules of racing, 164, filed 4/21/61.]


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

WAC 260-32-300   Application of rules for jockeys.   Jockey apprentices ((shall be bound by)) must comply with all the rules for jockeys((, except insofar as said rules may be in conflict with the following specific regulations for apprentices)).

[Rules of racing, 166, filed 4/21/61.]


NEW SECTION
WAC 260-32-305   Probationary mounts.   The board of stewards may grant a temporary license to a jockey apprentice allowing them to ride up to three probationary mounts.

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AMENDATORY SECTION(Amending WSR 98-01-146, filed 12/19/97, effective 1/19/98)

WAC 260-32-370   Apprentice jockeys.   (1) An applicant for an apprentice jockey license may be prohibited from riding until the stewards or the commission has sufficient opportunity (not to exceed 14 days) to verify the applicant's previous riding experience.

(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 apprentice jockey.

(((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 handicaps:

(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 ((of an 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 WAC 260-32-400.))

[Statutory Authority: RCW 67.16.040. 98-01-146, 260-32-370, filed 12/19/97, effective 1/19/98.]


AMENDATORY SECTION(Amending WSR 92-21-027, filed 10/13/92, effective 11/13/92)

WAC 260-32-400   Powers and duties.   (1) Each jockey agent shall be licensed ((on a regular form provided)) by the commission.

(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 stewards)).

(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.]


AMENDATORY SECTION(Amending Order 82-03, filed 4/9/82)

WAC 260-32-420   ((Visitation privileges.)) Prohibited areas.   A jockey agent ((must receive permission from the stewards to visit)) is prohibited from entering the jockey quarters, winner's circle, racing surface, paddock((, and film review room)) or saddling enclosure unless permitted by the stewards.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 82-09-016 (Order 82-03), 260-32-420, filed 4/9/82.]


REPEALER

     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.