WSR 06-07-063

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed March 10, 2006, 1:00 p.m. , effective April 10, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend chapter 260-44 WAC as part of the agency's regulatory reform effort, to write and organize rules in a clear and concise manner that they are easily understood by those to whom they apply, and to amend our rules consistence [consistent] with model rules of racing.

Citation of Existing Rules Affected by this Order: Repealing WAC 260-44-060 and 260-44-070; and amending WAC 260-44-010, 260-44-020, 260-44-030, 260-44-050, 260-44-080, 260-44-100, 260-44-110, and 260-44-120.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 06-03-089 on January 13, 2006.

Changes Other than Editing from Proposed to Adopted Version: Removed "or a substitute whip" from the proposed new language in WAC 260-44-050(2) and removed "in handicap races or races where the condition of the race expressly state to the contrary," from WAC 260-44-080(4).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 8, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 8, Repealed 2; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 9, 2006.

R. M. Leichner

Executive Secretary

OTS-8583.3


AMENDATORY SECTION(Amending Order 73.1, filed 5/18/73)

WAC 260-44-010   Equipment changes.   (1) ((Permission for any changes of equipment from that which a horse carried in his last previous race must be obtained from the stewards.

(2) Permission for a horse to add blinkers to his equipment or discontinue the use of them must be approved by the starter before being granted by the stewards.

(3) Horses' tongues)) The starter and the stewards must approve the addition or removal of blinkers. Approval by the starter must be obtained before the stewards will consider approving the change.

(2) The stewards must approve the addition or removal of front leg wraps.

(3) A trainer may ((be tied)) tie down ((with clean bandages or clean gauze)) a horse's tongue. The stewards may monitor the use of tongue ties.

(4) Whips shall be considered ((as)) standard equipment in all ((quarter)) horse races.

[Order 73.1, 260-44-010, filed 5/18/73; Rules of racing, 132, filed 4/21/61.]


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

WAC 260-44-020   Weights for age.   The following weights are carried when they are not stated in the conditions of the race:

SCALE OF WEIGHTS FOR AGE

Distance Age June July Aug. Sept.
Half Mile . . . . . . . . . . . . 2 years . . . . . . . . . . . . . . . . . . . 105 108
3 years . . . . . . . . . . . . 123 125 126 127
4 years . . . . . . . . . . . . 130 130 130 130
5 & up . . . . . . . . . . . . 130 130 130 130
Six Furlongs . . . . . . . . . . . . 2 years . . . . . . . . . . . . . . . . . . . 102 105
3 years . . . . . . . . . . . . 121 123 125 126
4 years . . . . . . . . . . . . 130 130 130 130
5 & up . . . . . . . . . . . . 130 130 130 130
One Mile . . . . . . . . . . . . 2 years . . . . . . . . . . . . . . . . . . . . . . 96
3 years . . . . . . . . . . . . 115 117 119 121
4 years . . . . . . . . . . . . 126 126 126 126
5 & up . . . . . . . . . . . . 126 126 126 126
One Mile &

a Quarter . . . . . . . . . . . .

2 years . . . . . . . . . . . . . . . . . . . . . . . . .
3 years . . . . . . . . . . . . 113 116 118 120
4 years . . . . . . . . . . . . 126 126 126 126
5 & up . . . . . . . . . . . . 126 126 126 126
One & a

Half Miles . . . . . . . . . . . .

2 years . . . . . . . . . . . . . . . . . . . . . . . . .
3 years . . . . . . . . . . . . 111 114 117 119
4 years . . . . . . . . . . . . 126 126 126 126
5 & up . . . . . . . . . . . . 126 126 126 126
Two Miles . . . . . . . . . . . . 3 years . . . . . . . . . . . . 109 112 114 117
4 years . . . . . . . . . . . . 126 126 125 125
5 & up . . . . . . . . . . . . 126 126 125 125
(1) In races of intermediate lengths not specified above, the weights for the shorter distance are carried.

(2) In all races except handicap((s)) races and races where the conditions expressly state to the contrary, two-year-old fillies ((two years old)) are allowed 3 lbs., and three-year-old and older fillies and mares ((three years old and upward)) are allowed 5 lbs., before the 1st of September, and 3 lbs., ((afterwards)) thereafter.

(3) ((Welter weights are 28 lbs. added to the weight for age.

(4))) In all overnight races ((for two-year-olds, for three-year-olds or for four-year-olds and upward,)) the minimum weight shall be 112 pounds, subject to sex and apprentice allowance. This rule shall not apply to handicap((s or to races written for three-year-olds and upward)) races.

[Rules of racing, 296, filed 4/21/61; Subsec. (4) amended, filed 3/11/65.]


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

WAC 260-44-030   Penalties and allowances.   (1) No horse shall carry extra weight, ((nor)) or be barred from any race for having run second or ((in any)) lower ((place)) in a previous race.

(2) Penalties and allowances of weight are not cumulative, unless ((so declared)) provided by the conditions of the race.

(3) No horse shall receive allowance of weight, or be relieved from extra weight, for having been beaten in one or more races((; provided that this)). This rule shall not prohibit maiden allowances, or allowances to horses that have not won within a specified time, or that have not won races of a specified value.

[Rules of racing, 297, 298, 299, filed 4/21/61.]


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

WAC 260-44-050   Weighing out -- Equipment included in jockey's weight.   ((If a horse runs in muzzle, martingale or breast plate, they must be included in the jockey's weight. His)) (1) The jockey's weight shall also include his clothing((,)) and boots, and the saddle((,)) and its attachments.

(2) The following items shall not be included in a jockey's weight: Whip, head number, bridle, bit, reins, number cloth, blinker, protective helmet or safety vest.

(3) No bridle shall exceed two pounds in weight.

(4) Whips shall have closed poppers, with a maximum length of four inches and minimum width of one and one-quarter inches. Whips shall have three rows of one-inch feathers made of leather or other materials approved by the stewards. The maximum length of a whip shall not exceed thirty-one inches (including popper). The maximum weight of a whip shall not exceed one pound.

[Rules of racing, 30, filed 4/21/61.]


AMENDATORY SECTION(Amending Resolution No. 87-02, filed 7/8/87)

WAC 260-44-080   Weighing out -- Overweight -- Declarations -- Posting -- Maximum.   (1) If a jockey intends to carry overweight, he/she must declare the amount ((thereof)) at the time of weighing out((, or if)). If the jockey is in doubt as to his/her proper weight, ((he)) the jockey may declare the weight he will carry.

(2) If a jockey ((intends to carry)) reports an overweight exceeding ((by more than)) two pounds ((the weight which his horse is to carry)), the owner or trainer ((consenting, he must declare the amount of overweight to the clerk of the scales at least forty-five minutes before the time appointed for the race, and the clerk shall cause the overweight to be stated on the notice board immediately)) has the option to replace the jockey without being assessed a double-jock mount fee. Failure on the part of a jockey to comply with this rule shall be reported to the stewards by the clerk of scales.

(3) No horse shall carry more than seven pounds overweight, except as provided in subsection (4) of this section.

(4) ((However, at nonprofit race tracks,)) Horses running at Class C race meets may carry more than seven pounds overweight with the permission of the stewards up to a maximum weight of one hundred thirty-five pounds((, except handicaps and races where the conditions expressly state to the contrary)).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 87-15-019 (Resolution No. 87-02), 260-44-080, filed 7/8/87; Order 75-1, 260-44-080, filed 2/18/75; Rules of racing, 304, 305, 306, filed 4/21/61.]


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

WAC 260-44-100   Weighing out -- Attendants.   ((The association shall provide the)) Only attendants ((who)) provided by the association will be permitted to assist jockeys in weighing out.

[Rules of racing, 308, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 99-05-049, filed 2/12/99, effective 3/15/99)

WAC 260-44-110   Weighing in -- Procedure.   (1) After a race has been run and after the jockey has pulled up the horse ((he or she has ridden)), the jockey shall ride promptly to the ((winner's circle)) designated unsaddling area and ((there)) dismount((, after obtaining permission from the judges and present himself)). The jockey shall proceed to the clerk of the scales to be weighed in ((accordance with a method approved by the commission)). If a jockey is prevented from riding his/her mount to the ((judge's stand)) designated unsaddling area because of an accident or of illness to either ((to himself or his)) the jockey or the horse, ((he)) the jockey may walk or be carried to the scales, or ((he)) the stewards may ((be excused by)) excuse the ((stewards)) jockey from weighing.

(2) Except by permission of the stewards, upon arrival at the designated unsaddling area after a race, every jockey must((, upon returning to the placing judge's stand,)) unsaddle the horse he/she has ridden((, and)). No person shall touch the jockey or the horse except by ((his)) the horse's bridle, ((nor)) or cover the horse in any manner until the jockey has removed the equipment to be weighed.

(3) No person shall assist a jockey in removing from his/her horse the equipment that is to be included in the jockey weight, except by permission of the stewards.

(4) Each jockey shall((, in weighing in,)) carry over to the scales all pieces of equipment with which he/she weighed out. ((Thereafter he may hand it to his attendant.))

[Statutory Authority: RCW 67.16.040. 99-05-049, 260-44-110, filed 2/12/99, effective 3/15/99; Rules of racing, 309 through 312, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 99-05-049, filed 2/12/99, effective 3/15/99)

WAC 260-44-120   Weighing in -- Weigh in/weigh out -- Tolerances -- Penalties.   (1) Each jockey shall weigh in at the same weight as that at which he weighed out((, and if)). If a jockey is short of ((it)) the weigh out amount by more than two pounds, his mount shall be disqualified. ((Should)) If a weight discrepancy arises after a race has been declared official, a change in the order of finish shall include a redistribution of purse moneys. The disqualification will not affect the parimutuel payoffs.

(2) It is a violation of these rules for a jockey to weigh in more than two pounds under the assigned weight. Either the jockey or the trainer, or both may be held responsible for this violation.

(3) If any jockey weighs in at more than two pounds over his/her proper or declared weight, ((he shall be fined or suspended or ruled off at the discretion of)) the clerk of scales will report the overweight to the stewards((, who shall have regard)) for possible disciplinary action. In considering discipline, the stewards shall consider any excess weight caused by rain or mud((, and the case shall be reported to the commission for such action as it may deem proper to take)).

[Statutory Authority: RCW 67.16.040. 99-05-049, 260-44-120, filed 2/12/99, effective 3/15/99; Rules of racing, 313, 314, filed 4/21/61.]


NEW SECTION
WAC 260-44-150   Horseshoes.   (1) A horse starting in a race shall be fully shod with racing plates.

(2) Use of bar shoes must be declared at time of entry.

(3) During off-track conditions the trainer is responsible to report any additional traction devices to the board of stewards or designee.

(4) For turf racing, horses must be shod with racing plates approved by the association.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-44-060 Weighing out -- Equipment not included.
WAC 260-44-070 Weighing out -- Bridle, whip, maximum weights and measurements.

Washington State Code Reviser's Office