Preproposal statement of inquiry was filed as WSR 06-17-026.
Title of Rule and Other Identifying Information: Chapter 260-28 WAC, Ownership, trainers, and employees.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 9, 2007, at 9:30 a.m.
Date of Intended Adoption: February 9, 2007.
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 February 6, 2007.
Assistance for Persons with Disabilities: Contact Patty Sorby by February 9, 2007, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed amendments is the continued effort of the agency toward regulatory reform (Executive Order 97-02) and to write rules in clear language (Executive Order 05-03 and 06-02), and to adopt rules consistent with the national model horse racing rules whenever possible. In addition to minor changes to existing rules substantive changes are being proposed to the following sections: WAC 260-28-010, redefining the roles and responsibilities of an authorized agent; WAC 260-28-020, clarifying the rules related to stable names; WAC 260-28-080, redefining the rules of ownership by corporations, companies and other organizations; WAC 260-28-100, clarifies the requirements of the trainer when a new trainer is assigned; and WAC 260-28-130 and 260-28-235.
Reasons Supporting Proposal: Proposal has removed unnecessary and outdated language, rewritten rules in clear and concise language, and rules in the chapter are now consistent with national model horse racing rules.
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.
December 20, 2006
Robert J. Lopez
Deputy Executive Secretary
AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)
WAC 260-28-010 Authorized agent. ((
An authorized agent
is an agent appointed by document signed by the owner before a
notary public and lodged with the secretary. An agent so
appointed will be recognized by the commission as having
authority to handle any and all matters pertaining to the
stable for which he is authorized to act, and the acts of such
agent shall be deemed the acts of the owner, and owner accepts
responsibility for his agent's acts. The term of the license
shall expire December 31st of each year, unless the agent's
appointment is revoked by the owner in writing or until
revoked for cause by the commission.)) An authorized agent is
a person appointed by an owner or by a stable to act as their
agent. Before an authorized agent can act on behalf of the
owner or the stable, the agent must be licensed by the
commission as an authorized agent. All licensed authorized
agents must also file a notarized document signed by the owner
or stable manager with the commission verifying their
authorization to act as authorized agent along with the scope
of their duties. A trainer is not required to be an
authorized agent in order to represent the owner in the matter
of entries, nominations, scratches, and the employment of
[Rules of racing, § 32, filed 4/21/61.]
(1) In applying to race under a stable name the applicant must disclose the identity or identities behind a stable name. If a partnership is involved in the identity behind a stable name, the rules covering partnerships must be complied with.
(2) Changes in identities must be reported immediately to and approval obtained from the commission.
(3) No person can use his real name for racing purposes so long as he has a registered one, without permission of the board of stewards.
(4) A trainer who is a licensed owner or part owner may use a stable name as owner or part owner. However, no trainer may be licensed as trainer other than in his legal name.
(5) Any person who has been registered under a stable name may, at any time, cancel it after he has given written notice to the commission.
(6) A stable name may be changed at any time by registering a new stable name and by paying the fee as required above.
(7) A person cannot register as his stable name one which has been registered by any other person with an association conducting a recognized meeting, or the Jockey Club (N.Y.) or with another racing authority.
(8) A person may not register as his stable name one which is the real name of any owner of race horses, nor one which is the real or assumed name of any prominent person not owning race horses.
(9) A stable name shall be plainly distinguishable from that of another duly registered stable name.
(10) No stable name shall be used if in the judgment of the stewards it is being used for advertising purposes.
(11) Any combination of more than three owners will be required to race under a stable name.)) Licensed owners and lessees may adopt a stable name subject to the approval of the stewards.
(1) Any combination of four or more owners are required to race under a stable name.
(2) The applicant must identify all persons using the stable name. Changes must be reported immediately to the stewards.
(3) Application for a stable name must include a designation of a managing owner and an address. Receipt of any correspondence, notice or order at such address will constitute official notice to all persons involved in the ownership of such horse.
(4) All persons with an ownership interest in the stable name must comply with all rules regarding licensing of owners.
(5) A person who has registered a stable name may cancel it upon written notice to the stewards.
(6) The stewards will not approve a stable name that has been registered by any other person with any association conducting a recognized race meeting.
(7) No stable name may be used, if in the judgment of the stewards, it is being used for advertising purposes.
(8) A stable name must be clearly distinguishable from other stable names.
[Statutory Authority: RCW 67.16.020. 04-24-019, § 260-28-020, filed 11/22/04, effective 12/23/04. Statutory Authority: RCW 67.16.020 and 67.16.040. 80-01-034 (Order 79-06), § 260-28-020, filed 12/17/79; Order 71-9, § 260-28-020, filed 6/2/71; Rules of racing, § 31, filed 3/11/65; subsection (4) amended, filed 8/26/65; § 31, filed 4/21/61.]
(2) A financial responsibility complaint against a licensee must be in writing, signed by the complainant, and accompanied by documentation of the services, supplies or fees alleged to have been provided, or by a judgment from a civil court that has been issued within two years of the date of the complaint.
(3) Any licensee failing to make restitution as a result of a complaint where the amount owed is undisputed or judgment may be subject to disciplinary action, including a license suspension.
(4) The stewards will consider for disciplinary action only those financial responsibility complaints that meet the following criteria:
(a) The complaint involves services, supplies or fees that are directly related to the licensee's Washington racetrack and training operations; and
(b) The debt or cause of action originated in Washington, or the civil court judgment was issued in Washington, within two years of the date the complaint is filed.
(5) In determining whether to act on a financial responsibility complaint, the stewards may consider the number of financial responsibility complaints made by the complainant against the same licensee within a two-year period immediately preceding the current complaint.
No)) A licensee (( shall)) may not write, issue,
make or present any check in payment for any license fee,
fine, nomination or entry fee or other fees, or for any
service or supplies when the licensee knows or should
reasonably know that the check will be refused for payment by
the bank upon which it is written, or that the account upon
which the check is written does not contain sufficient funds
for payment of the check, or that the check is written on a
closed or nonexistent account. The fact that such a check is
returned to the payee by the bank as refused is (( a)) grounds
for (( a)) license suspension pending satisfactory redemption
of the returned check.
[Statutory Authority: RCW 67.16.040. 03-07-056, § 260-28-030, filed 3/14/03, effective 4/14/03; Rules of racing, § 27, filed 4/21/61.]
(2) Colors registered with any racing commission or with
the Jockey Club ((
of New York shall be respected)) will be
honored in Washington and only the registrant (( shall)) will
be permitted to use them.
(3) No person ((
shall)) may start a horse in racing
colors other than those registered in his (( own or
assumed))/her name(( , but a temporary change from the
recorded)) or stable name. A temporary change of racing
colors (( may)) must first be (( approved by the stewards))
authorized by the jockey room supervisor.
(4) Any disputes ((
between claimants to the right of
particular)) related to racing colors (( shall)) will be
decided by the stewards.
(5) Any temporary change from the recorded colors of
the owner must be approved by the stewards and posted by the
clerk of the scales on the notice board.))
[Statutory Authority: RCW 61.16.020 and 67.16.040. 82-14-012 (Order 82-05), § 260-28-050, filed 6/25/82; Rules of racing, § 64, filed 4/21/61.]
Subscriptions and all)) Nominations, entries or
rights of entry (( are)) remain valid when a horse is sold
(( with his engagements duly transferred; in duly registered
partnerships when subscriptions, entries and rights of entries
survive in the remaining partners; and when entries under the
decedent's subscription has been made previous to the
decedent's death by the transfer of the right of entry)) or
claimed, except when the horse is transferred to a person
whose license is suspended or who is otherwise disqualified to
race or enter the horse, then the nomination will be void as
of the date of the transfer.
Subscriptions and all entries or rights of entry
under them become void on the death of a subscriber, except in
case of duly registered partnerships or except subject to the
sanction of the stewards, when the personal representative of
an estate shall in writing, request that the benefits of such
accrue to the estate of the decedent subscriber for the
privilege of transfer, and shall agree to assume any and all
obligations incident to the original entries.)) The death of a
nominator to a stake race will not render void any nomination,
entry, or right of entry. All rights, privileges and
obligations will attach to the legal heir of the decedent or
the new owner of the horse.
In case of any transfer of a horse with its
engagements, such horse will not be eligible to start in any
stakes, unless at the usual time of the running of the stakes,
or prior thereto, the transfer of the horse and its
engagements shall be exhibited when demanded to the racing
(5) Should)) If a horse ((
be)) is sold (( with his
engagements, or any part of them,)) or claimed the seller
cannot (( strike)) withdraw the horse (( out of any such)) from
[Rules of racing, §§ 88 through 92, filed 4/21/61.]
(1) A trainer's entitlement to a percentage of a horse's winnings is not considered an ownership interest.
(2) If ownership changes during the race meet, the new owner must notify the commission.
[Rules of racing, § 107, filed 4/21/61.]
All the stockholders or members of a corporation which owns or leases horses for racing purposes in the state of Washington and also all such corporations shall make and file with the commission as and when requested by it, a report or reports containing such information as the commission may specify; and upon refusal or failure to file such report or reports the commission may refuse a license to any lessee or lessees of such corporation or may revoke any such license which it may have granted.)) (1) If the legal owner of any horse is a corporation, company, or other organization, each shareholder or member must be licensed.
(2) Each corporation, company, or other organization must disclose to the commission all shareholders or members of the organization.
(3) Corporations, companies, or other organizations must submit an application for a stable license.
[Order 75-1, § 260-28-080, filed 2/18/75; Rules of racing, § 107(a), filed 4/21/61.]
[Rules of racing, § 178, filed 4/21/61.]
[Rules of racing, § 179, filed 4/21/61.]
[Rules of racing, § 180, filed 4/21/61.]
[Rules of racing, § 181, filed 4/21/61.]
(2) A trainer ((
shall)) must attend his or her horse in
the paddock, and (( shall)) must be present to (( supervise his
saddling)) saddle the horse, unless he/she has obtained the
permission of a steward to send another licensed trainer as a
[Rules of racing, §§ 282, 283, filed 4/21/61.]
[Order 4, § 260-28-210, filed 12/24/69; Rules of racing, § 284, filed 4/21/61.]
[Rules of racing, § 285, filed 4/21/61.]
A trainer ((
shall also be responsible to)) must ensure
that all the trainer's employees wear a safety helmet and
safety vest while on horseback, in compliance with WAC 260-12-180.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-067, § 260-28-230, filed 3/10/06, effective 4/10/06. Statutory Authority: RCW 67.16.040. 00-06-072, § 260-28-230, filed 3/1/00, effective 4/1/00. Rules of racing, § 286, filed 4/21/61.]
(1) That the trainer cover his employees under state industrial insurance through the Washington state department of labor and industries.
(2) Trainers obtain coverage from private insurance carrier duly licensed to do business in the state of Washington, and approved by the Washington horse racing commission.
(3) Posting of surety bond with sureties to be approved by the commission, in such amount as designated by the Washington horse racing commission.)) At the time of submitting a license application, all trainers must pay the industrial insurance premium assessment required by RCW 67.16.300 and 51.16.210 for each person in their employment.
[Rules of racing, § 425, filed 5/4/66.]
[Rules of racing, § 287, filed 4/21/61.]
[Rules of racing, § 291, filed 4/21/61.]
The following sections of the Washington Administrative Code are repealed:
|WAC 260-28-040||Feed and supplies may be bought at open market.|
|WAC 260-28-090||Owner to register horses with racing secretary.|
|WAC 260-28-150||Registration of stable personnel.|
|WAC 260-28-170||Duty to name jockey upon making entry.|
|WAC 260-28-180||Trainer -- Insurer of condition of horse.|
|WAC 260-28-190||Trainer -- Authority to represent owner.|
|WAC 260-28-250||Trainer -- Bribery prohibited.|
|WAC 260-28-260||Trainer -- Removing horses from grounds.|
|WAC 260-28-270||Trainer -- Employing jockey to prevent riding.|