Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-09-131.

     Title of Rule and Other Identifying Information: Amending the following chapters in TITLE 260 WAC: Chapter 260-24 WAC, Association officials and employees; chapter 260-52 WAC, The race -- Paddock to finish; chapter 260-56 WAC, Objections and protests; chapter 260-60 WAC, Claiming; chapter 260-64 WAC, Winning; and chapter 260-66 WAC, Walking over.

     In addition, chapter 260-76 WAC, Bookmaking, is being repealed and new WAC 260-80-170 Bookmaking, is being added.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on February 14, 2008, at 9:30 a.m.

     Date of Intended Adoption: February 14, 2008.

     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 February 5, 2008.

     Assistance for Persons with Disabilities: Contact Patty Sorby by February 5, 2008, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In March 2003, the commission noted that the rules in TITLE 260 WAC were outdated and needed review. As part of the agency's regulator [regulatory] reform effort a comprehensive comparison of TITLE 260 WAC with the National Parimutuel Model Rules was conducted. That study was completed and published in August 2003. As a result, it was recommended at [and] approved by the commission that rather than adopting the national model rules in their entirety, the commission undertake the effort of amending rules, chapter by chapter and adopting only those portion[s] of the model rules that met the needs of the state of Washington, while still maintaining the integrity of the Washington "Rules of Racing." Since 2003, the agency has undertaken a chapter-by-chapter reform effort. It was not until 2007 that the agency had the resources to focus it[s] efforts on those chapters that had yet to be reviewed. The proposal is to amend the following chapters: Chapter 260-24 WAC, Association officials and employees; chapter 260-52 WAC, The race -- Paddock to finish; chapter 260-56 WAC, Objections and protests; chapter 260-60 WAC, Claiming; chapter 260-64 WAC, Winning; chapter 260-66 WAC, Walking over; and chapter 260-76 WAC, Bookmaking (this chapter is being repealed and a new section in chapter 260-80 WAC, Penalties, is being added - WAC 260-80-170 Bookmaking).

     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 27, 2007

R. J. Lopez

Deputy Secretary

OTS-1254.2

AMENDATORY SECTION(Amending Rule 232, filed 1/30/67)

WAC 260-24-030   ((Submittal of roster to commission -- Approval -- Substitutions.)) Commission approval of racing officials.   ((At least ten days prior to the first day of a race meeting the association shall submit in writing to the commission the names of all association racing officials engaged for the meeting, and no association racing official shall be qualified to act until he shall have been approved by the commission. In the event of incapacitation of any such approved association official the association may, with the approval of the commission, appoint a substitute.)) (1) At least ten days prior to the first day of an approved race meet, the association must submit to the commission, in writing, the names of all racing officials for the race meet.

     (2) At least ten days prior to the first day of an approved race meet, the executive secretary must submit to the commission, in writing, the names of all commission employees who will be serving as racing officials for the race meet.

     (3) Both the association and the executive secretary may use substitutions as necessary. All substitutions must be reported to the commission, in writing, at the next regular scheduled meeting of the commission.

[Rule 232, filed 1/30/67; Rule 232, filed 4/21/61.]

     (a) Stewards;

     (b) Racing secretary;

     (c) Horsemen's bookkeeper;

     (d) Mutuel manager;

     (e) Official veterinarian(s);

     (f) Horse identifier;

     (g) Paddock judge;

     (h) Starter;

     (i) Security director, association;

     (j) Commission ((security inspector(s))) investigator(s);

     (k) Commission auditor;

     (l) Clerk of scales;

     (m) Jockey room supervisor;

     (n) Film analyst;

     (o) Clocker(s);

     (p) Race timer;

     (q) Paddock plater;

     (r) Mutuel inspector;

     (s) Outrider(s);

     (t) Any other person designated by the commission.

     (2) ((The commission officials of a race meet shall be designated prior to each race meet and those commission officials shall be compensated by the commission.))

     The association officials of a race meet ((shall)) will include but are not limited to: Racing secretary, mutuel manager, starter, horsemen's bookkeeper, association security director, jockey room supervisor and outrider(s).

     (3) Eligibility:

     (a) To qualify as a racing official, the appointee ((shall)) must be;

     (i) Of good character and reputation;

     (ii) Familiar with the duties of the position and with the commission's rules of racing;

     (iii) Mentally and physically able to perform the duties of the job; and

     (iv) In good standing and not under suspension or ineligible in any recognized racing jurisdiction.

     (b) To qualify for appointment as a steward the appointee ((shall)) must be an Association of Racing Commissioners International-accredited steward, unless the appointee has been appointed as a substitute steward as provided in WAC 260-24-510, and be in good standing with all Association of Racing Commissioners International member jurisdictions((, unless the appointee has been appointed as a substitute steward as provided in WAC 260-24-510)). The commission may waive this accreditation requirement for Class C race ((meetings)) meets.

     (4) The commission, in its sole discretion, may determine the eligibility of a racing official and, in its sole discretion, may approve or disapprove any such official for licensing.

     (5) While serving in an official capacity, racing officials and their assistants ((shall)) may not:

     (a) Participate in the sale ((or)), purchase, or ownership of any horse racing at the meet; unless disclosed in advance and approved by the board of stewards;

     (b) Sell or solicit horse insurance on any horse racing at the meet;

     (c) Be licensed in any other capacity without permission of the ((commission)) executive secretary, or in case of an emergency, the permission of the stewards;

     (d) Make a wager on the outcome of any horse race ((for which parimutuel wagering is conducted)) at a race meet under the jurisdiction of the commission; or

     (e) Consume or be under the influence of alcohol and/or ((any prohibited substances)) drugs while performing official duties.

     (6) Racing officials and their assistants ((shall)) must immediately report to the stewards every observed violation of these rules.

     (7) Complaints against officials:

     (a) ((Complaints against any steward shall be made in writing to the commission and signed by the complainant;

     (b))) Any complaint against ((a)) an association racing official other than a steward ((shall)) will be made to the board of stewards in writing and signed by the complainant. ((All such complaints shall be reported to the commission by the stewards, together with a report of the action taken or the recommendation of the stewards;

     (c) A racing official may be held responsible by the stewards or the commission for the actions of their assistants;

     (8) Appointment:

     (a) A person shall not be appointed to more than one racing official position at a meet unless specifically approved by the commission;

     (b) The commission shall appoint or approve its officials for each race meet, the officials shall perform the duties as outlined herein and such other duties as are necessary as determined by the commission or its executive secretary.

     (9) Where an emergency vacancy exists among racing officials, the executive secretary or the association, shall fill the vacancy immediately. Such appointment shall be reported to the commission and shall be effective until the vacancy is filled in accordance with these rules.

     (10))) The presiding steward will report to the executive secretary the action taken or recommended by the board of stewards. The executive secretary will determine whether the matter will be referred to the commission. The board of stewards will notify the complainant, in writing, of the action taken or recommended;

     (b) Any complaint against a commission racing official, including an association steward, will be made to the executive secretary. The executive secretary will, if able, notify the complainant in writing of the action taken;

     (8) Should any steward be absent at race time, and no approved alternate steward be available, the remaining stewards ((shall)) may appoint a substitute for the absent steward. If a substitute steward is appointed, the ((commission)) presiding steward will notify the executive secretary and the association ((shall be notified by the stewards)).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-065, § 260-24-500, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-500, filed 12/19/97, effective 1/19/98.]

     (a) The stewards for each race meet are responsible to the executive secretary for the conduct of the race meet and the initial agency determination of alleged rule violations in accordance with these rules;

     (b) The stewards will enforce the rules of racing in chapters 260-12 through 260-84 WAC, excluding chapters 260-49 and 260-75 WAC. The stewards will take notice of alleged misconduct or rule violations and initiate investigations into such matters;

     (c) The stewards' authority includes regulation of all racing officials, track management, licensed personnel, other persons responsible for the conduct of racing, and patrons, as necessary to insure compliance with these rules;

     (d) All nominations, entries, ((declarations)) and scratches will be monitored by a steward;

     (e) The stewards have authority to resolve conflicts or disputes related to violations of the rules of racing and to discipline violators in accordance with the provisions of these rules;

     (f) The stewards have the authority to interpret the rules and to decide all questions of racing. The stewards of the race meet are hereby given authority to exercise their full power, recommending to the commission the imposition of more severe penalties if necessary.

     (2) The stewards' period of authority will commence and terminate at the direction of the executive secretary. One steward will be designated as the presiding steward by the executive secretary.

     (3) Stewards ruling conference regarding violations of rules of racing:

     (a) The stewards have authority to charge any licensee or other person with a violation of these rules, to make rulings and to impose penalties including the following:

     (i) Issue a reprimand;

     (ii) Assess a fine not to exceed $2,500.00, except as provided in chapter 260-84 WAC ((260-84-060 and 260-84-110));

     (iii) Require forfeiture or redistribution of purse or award, when specified by applicable rules;

     (iv) Place a licensee on probation;

     (v) Suspend a license or racing privileges for not more than one year per violation;

     (vi) Revoke a license; or

     (vii) Exclude from ((grounds)) facilities under the jurisdiction of the commission.

     (b) The stewards' imposition of reprimands, fines and suspensions will be based on the penalties in chapter 260-84 WAC.

     For any violation not specifically listed in chapter 260-84 WAC, the stewards have discretion to impose the penalties as provided in (a) of this subsection.

     (c) The stewards may direct a jockey to meet with the film analyst whenever a jockey is involved in questionable, unsafe or potentially dangerous riding. Jockeys referred to the film analyst must appear when directed. Failure to appear when directed will be considered a violation of the rules of racing for which penalties may be imposed.

     (d) The stewards have the authority to conduct a ruling conference, and the authority to:

     (i) Direct the attendance of witnesses and commission employees;

     (ii) Direct the submission of documents, reports or other potential evidence;

     (iii) Inspect license documents, registration papers and other documents related to racing or the rule violation;

     (iv) Question witnesses; and

     (v) Consider all relevant evidence.

     (e) The stewards must serve notice of a conference to person(s) alleged to have committed a violation, which must contain the following information:

     (i) A statement of the time and place the conference will be held;

     (ii) A reference to the particular sections of the WAC involved;

     (iii) A short and plain statement of the alleged violation; and

     (iv) A statement that if the person does not appear, the ruling will be made in his/her absence, and that failure to appear will be considered a separate violation of the rules of racing.

     (f) Failure to appear for a ruling conference will be considered a violation of the rules of racing for which penalties may be imposed.

     (g) It is the duty and obligation of every licensee to make full disclosure to the board of stewards and commission investigators conducting an investigation into any alleged violation of these rules, of any knowledge he/she possesses of a violation of any rule of racing. No person may refuse to respond to questions before the stewards or commission investigators on any relevant matter within the authority of the stewards or commission, except in the proper exercise of a legal privilege, nor may any person respond falsely before the stewards or to commission investigators.

     (h) At the ruling conference, the stewards will allow the person alleged to have committed a violation to make a statement regarding the alleged violation.

     (i) All ruling conferences will be recorded.

     (j) Every ruling by the stewards from a ruling conference must be served in writing on the person(s) or parties found in violation within five days and must include:

     (i) Time and place the ruling was made;

     (ii) Statement of rules violated;

     (iii) Details of the violation;

     (iv) Penalties to be imposed;

     (v) Procedure for requesting a hearing before the commission to challenge the ruling; and

     (vi) Plain statement of the options of the person found in violation, which must include:

     (A) Accepting the penalty imposed by the stewards; or

     (B) Requesting a hearing before the commission challenging the stewards' ruling within seven days of service of the ruling.

     (k) ((Any penalty)) Penalties imposed by the stewards, except for those penalties in (l), (m), and (q) of this subsection, will be stayed if a request for hearing before the commission is filed within the seven days of service of the ruling.

     (l) If the stewards determine that a person's actions constitute an immediate((,)) and/or substantial danger to human and/or equine health, safety, or welfare, and a request for hearing before the commission is filed within seven days of service of the ruling, no stay will be granted except by a hearing before the commission. The hearing before the commission will occur within thirty days of filing the request for hearing before the commission.

     (m) If the stewards deny an application for license or suspend or revoke an existing license for any reasons listed in WAC 260-36-120(2), and a request for hearing before the commission is filed within seven days of service of the ruling, no stay will be granted except by a hearing before the commission. A hearing before the commission over whether or not to grant a stay will occur at the discretion of the commission.

     (n) The stewards' ruling will be posted and a copy provided to the racing association.

     (((n))) (o) If a person does not file a request for hearing before the commission within seven days or in the format required by chapter 260-08 WAC, then the person is deemed to have waived his or her right to a hearing before the commission. After seven days, if a request for hearing before the commission has not been filed, the stewards' penalty will be imposed.

     (((o))) (p) "Service" of the notice of ruling conference or a stewards' ruling may be by either personal service to the person or by depositing the notice of ruling conference or stewards' ruling into the mail to the person's last known address in which case service is complete upon deposit in the U.S. mail.

     (((p))) (q) If the stewards determine that a person's actions constitute an immediate, substantial danger to human and/or equine health, safety, or welfare, the stewards may enter a ruling summarily suspending the license and/or ejecting the person from the grounds pending a ruling conference before the board of stewards. A summary suspension takes effect immediately on issuance of the ruling. If the stewards suspend a license under this subsection, the licensee is entitled to a ruling conference before the board of stewards, not later than five days after the license was summarily suspended. The licensee may waive his/her right to a ruling conference before the board of stewards on the summary suspension.

     (4) Protests, objections and complaints. The stewards will ensure that an investigation is conducted and a decision is rendered in every protest, objection and complaint made to them. ((The stewards are vested with the power to determine the extent of disqualification in case of fouls. They may place the offending horse behind such horses as in their judgment it interfered with, or they may place it last.))

     (5) Stewards' presence:

     (a) On each racing day at least one steward will be on duty at the track beginning three hours prior to first race post time.

     (b) Three stewards must be present in the stewards' stand during the running of each race. ((In case of emergency, the executive secretary may appoint a substitute steward.))

     (6) Order of finish for parimutuel wagering:

     (a) The stewards will determine the official order of finish for each race in accordance with these rules of racing;

     (b) The decision of the stewards as to the official order of finish, including the disqualification of a horse or horses as a result of any event occurring during the running of the race, is final for purposes of distribution of the parimutuel wagering pool.

     (7) The stewards have the authority to cancel wagering on an individual betting interest or on an entire race and also have the authority to cancel a parimutuel pool for a race or races, if such action is necessary to protect the integrity of parimutuel wagering.

     (8) Records and reports:

     (a) The stewards will prepare a weekly report of their regulatory activities. The report will contain the name of the racetrack, the date, the weather and track conditions, claims, inquiries, protests, objections, complaints and conferences. The report will be filed with and approved by the executive secretary;

     (b) Not later than seven days after the last day of a race ((meeting)) meet, unless approved by the executive secretary, the presiding steward will submit a written report regarding the race ((meeting)) meet to the executive secretary. The report will contain:

     (i) The stewards' observations and comments regarding the conduct of the race ((meeting)) meet, the overall conditions of the association grounds during the race ((meeting)) meet; and

     (ii) Any recommendations for improvement by the association or action by the commission.

     (9) Stewards' list:

     (a) The stewards will maintain a stewards' list of the horses which are ineligible to be entered in a race because of poor or inconsistent performance or behavior on the racetrack that may endanger the health or safety of other participants in racing;

     (b) The stewards may place a horse on the stewards' list when there exists a question as to the exact identification or ownership of said horse;

     (c) A horse which has been placed on the stewards' list because of inconsistent performance or behavior, may be removed from the stewards' list when, in the opinion of the stewards, the horse can satisfactorily perform competitively in a race without endangering the health or safety of other participants in racing;

     (d) A horse which has been placed on the stewards' list because of questions as to the exact identification or ownership of ((said)) the horse, may be removed from the stewards' list when, in the opinion of the stewards, proof of exact identification and/or ownership has been established.

     (e) An owner or trainer who disagrees with the stewards' decision of placing or maintaining a horse on the stewards' list may request and be granted a stewards' ruling conference to challenge the decision of the stewards.

[Statutory Authority: RCW 67.16.020. 07-03-067, § 260-24-510, filed 1/16/07, effective 2/16/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-065, § 260-24-510, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.020. 04-17-082, § 260-24-510, filed 8/16/04, effective 9/16/04; 03-13-074, § 260-24-510, filed 6/13/03, effective 7/14/03. Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-510, filed 12/19/97, effective 1/19/98.]

     (11) The racing secretary shall be caretaker of the permanent records of all stakes and shall verify that all entrance moneys due are paid prior to entry for races conducted at the meeting.)) The racing secretary is responsible for the following duties:

     (1) Programming of races during the race meet;

     (2) Compiling and publishing condition books;

     (3) Assigning weights for handicap races;

     (4) Receiving all entries, nominations, and scratches;

     (5) Supervising the racing office employees, including the assistant racing secretary;

     (6) Receiving, inspecting, and safeguarding all required foal and health certificates, Equine Infectious Anemia (EIA) test certificates, and other documents of eligibility for all horses competing at the track or stabled on the grounds;

     (7) Recording the alteration of the sex of a horse on the horse's foal papers and reporting such to the appropriate breed registry and past performance services;

     (8) Recording on a horse's registration certificate when a posterior digital neurectomy (heel nerving) is performed on that horse;

     (9) Maintaining a list of heel nerved horses on association grounds and making the list available for inspection by persons participating in the race meet;

     (10) Maintaining a list of all fillies or mares on association grounds that have been covered by a stallion, and making this list available for inspection by persons participating in the race meet. This list will include the name of the stallion;

     (11) Assigning stalls to be occupied by horses in preparation for racing;

     (12) Determining conflicting claims of stable privileges and maintaining a record of arrivals and departures of all horses arriving and departing the association grounds;

     (13) Establishing the conditions and eligibility for entering races and publishing the conditions and eligibility to owners, trainers, and the commission. Conditions and eligibility will also be posted in the racing secretary's office.

     (a) For the purpose of establishing conditions, winnings will be considered to include all moneys won up to the time of the start of the race;

     (b) Winnings during the calendar year will be calculated by the racing secretary from the preceding January 1st;

     (14) Entries of horses, which will include:

     (a) Examining all entry blanks to verify correct information; and

     (b) Selecting the horses to start and the "also eligible" horses, if any, from those entries received in accordance with WAC 260-52-020;

     (15) Upon completion of the draw each day, posting a list of entries in a conspicuous location in the race office and making the lists available upon request;

     (16) Publishing the official daily program and ensuring the accuracy of the following information:

     (a) Sequence of races to be run and post time for the first race;

     (b) Purse, conditions and distance for each race, and current track record for each distance;

     (c) The name of licensed owners of each horse (indicate as leased, if applicable), and the description of racing colors to be carried;

     (d) The name of the trainer and the name of the jockey for each horse together with the weight to be carried;

     (e) The post position and the saddlecloth number or designation for each horse if there is a variance with the saddlecloth designation;

     (f) Identification of each horse by name, color, sex, age, sire and dam; and

     (g) Any other information that may be requested by the association or commission;

     (17) Update the foal certificates on all winners to reflect type of race won and amount of purse money awarded;

     (18) Accurately record on the foal certificates any transfer of ownership of horses, by either claim or bill of sale, to reflect true ownership of horse;

     (19) Examining nominations received for early closing events, late closing events, and stakes events to verify the eligibility of all nominations and compile lists for publication;

     (20) Maintaining the permanent records of all stakes and verifying that all entrance moneys due are paid prior to entry for races conducted at the race meet.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-520, filed 12/19/97, effective 1/19/98.]

     (1) Records: (((a))) The records ((shall)) will include the name, mailing address, social security number or federal tax identification number, and the state or country of residence of ((each)) all horse owners, trainers or jockeys participating at the race ((meeting)) meet who ((has)) have funds due or on deposit in the horsemen's account;

     (((b) The records shall include a file of all required statements: Of partnerships, syndicates, corporations, assignments of interest, lease agreements and registrations of authorized agents;

     (c) All records of the horsemen's bookkeeper shall be kept separate and apart from the records of the association;

     (d) All records of the horsemen's bookkeeper including records of accounts and moneys and funds kept on deposit are subject to inspection by the commission at any time;

     (e) The association licensee is subject to disciplinary action by the commission for any violations of or noncompliance with the provisions of this rule.))

     (2) All records, moneys, and funds on account((:

     (a) All moneys and funds on account with the horsemen's bookkeeper shall)) will be maintained((;

     (i) Separate and apart)) separate from moneys and funds of the association((;

     (ii))) in an account designated as Horsemen's Account((; and

     (iii))) and in an account insured by the Federal Deposit and Insurance Corporation. The records are subject to inspection by the commission or the commission's designee at any time.

     (((b) The horsemen's bookkeeper shall be bonded in accordance with commission stipulations;

     (c) The amount of purse money earned is credited in the currency of the jurisdiction in which the race was run. There shall be no appeal for any exchange rate loss at the time of transfer of funds from another jurisdiction.))

     (3) Payment of purses:

     (a) The horsemen's bookkeeper ((shall)) will receive, maintain and disburse the purses of each race and all stakes, entrance money, jockey fees, purchase money in claiming races, along with all applicable taxes and other moneys that properly come into ((his/her)) the bookkeeper's possession in accordance with the provisions of ((commission)) these rules;

     (b) The horsemen's bookkeeper may accept moneys due belonging to other organizations or recognized ((meetings)) race meets, provided ((prompt return is made)) the moneys are promptly returned to the organization to which the money is due;

     (c) ((The fact that purse money has been distributed prior to the issuance of a laboratory report shall not be deemed a finding that no chemical substance has been administered, in violation of these rules, to the horse earning such purse money;

     (d))) The horsemen's bookkeeper ((shall)) will disburse the purse of each race and all stakes, entrance money, jockey fees and purchase money in claiming races, along with all applicable taxes, upon request, within ((48)) forty-eight hours of receipt of notification that all tests with respect to such races have cleared the drug testing;

     (((e))) (d) Absent a prior request, the horsemen's bookkeeper ((shall)) will disburse moneys to the persons entitled to receive the same within ((15)) fifteen days after the last race day of the race ((meeting, including)) meet. This includes purses for official races, provided ((that)) all tests ((with respect to such)) on horses in races have cleared the drug testing laboratory and ((provided further)) that no protest or appeal has been filed with the stewards or the commission;

     (e) The amount of purse money earned will be credited in the currency of the jurisdiction in which the race was run. There is no right to a hearing under WAC 260-08-675 for any exchange rate loss at the time of transfer of funds to or from another jurisdiction;

     (f) In the event a protest or appeal has been filed with the stewards or the commission, the horsemen's bookkeeper ((shall)) will disburse the purse within ((48)) forty-eight hours of receipt of dismissal or a final nonappealable order disposing of ((such)) the protest or appeal.

     (4) The association license is subject to disciplinary action by the commission for any violation of or noncompliance with the provisions of this section.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-530, filed 12/19/97, effective 1/19/98.]

     (5) Be responsible for the enforcement of the association policy and procedures relating to the mutuel department.)) The mutuel manager is responsible for the following:

     (1) The overall operation of the parimutuel department;

     (2) The correctness of all pay-off prices;

     (3) To maintain records of all wagers;

     (4) To provide information regarding betting patterns to the commission, or its designee(s);

     (5) To supervise all association employees who work in the parimutuel department;

     (6) To make decisions regarding the operation of the parimutuel department; and

     (7) The enforcement of the association's policy and procedures relating to the parimutuel department.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-540, filed 12/19/97, effective 1/19/98.]

     (1))) will be employed by the commission((;

     (2))), and be a graduate veterinarian ((and be)), licensed to practice veterinary medicine in ((this jurisdiction;

     (3))) the state of Washington. The official veterinarian(s) will perform the following duties:

     (1) Recommend to the board of stewards any horse ((deemed)) the official veterinarian believes is unsafe to be raced, or a horse that it would be inhumane to allow to race;

     (((4))) (2) Place and remove horses ((on the veterinarian's list and remove horses)) from the veterinarian's list;

     (((5))) (3) Place and remove horses ((on the bleeder list and remove horses)) from the bleeder list;

     (((6))) (4) Supervise ((and control)) the test barn;

     (((7))) (5) Supervise the ((taking)) collection of all specimens for testing ((according to procedures approved by the commission));

     (((8))) (6) Provide proper safeguards in the handling of all ((laboratory)) collected specimens to prevent tampering, confusion or contamination;

     (((9))) (7) Provide the stewards ((with)) a written ((statement)) report regarding the nature ((and)), seriousness ((of)), and meaning of concentration levels, if any, for all laboratory reports of prohibited substances in equine samples;

     (((10))) (8) Have jurisdiction over ((the practicing)) all licensed veterinarians ((within the enclosure)) on the grounds for the purpose of these rules;

     (((11))) (9) Report to the commission the names of all horses humanely destroyed or ((which otherwise expire)) that die on the grounds at the ((meeting and the reasons therefore)) race meet. This report will include the reason a horse was destroyed;

     (((12))) (10) Maintain ((all required)) records of postmortem examinations performed on horses ((which)) that have died on association grounds;

     (((13))) (11) Be available to the stewards prior to scratch time each ((racing)) race day ((at a time designated by the stewards)) to inspect any horses and report on their condition ((as may be requested by the stewards));

     (((14))) (12) Be present in the paddock during saddling, on the racetrack during the post parade and at the starting gate until the horses are dispatched from the gate for the race;

     (((15))) (13) Inspect any horse when there is a question as to ((the)) its physical condition ((of such horse)) or soundness;

     (((16))) (14) Recommend ((scratching a horse)) to the stewards a horse be scratched if((, in his/her opinion)) the horse is physically incapable of exerting its best effort to win;

     (((17))) (15) Inspect any horse ((which)) that appears in physical distress during the race or at the finish of the race((;)) and ((shall)) report ((such horse together with his/her opinion as to the cause of the distress)) their findings to the stewards;

     (((18) Refuse employment or payment, directly or indirectly, from any horse owner or trainer of a horse racing or intending to race in this jurisdiction while employed as the official veterinarian for the commission;

     (19) Review and consult with the applicants and the stewards regarding commission license applications of practicing veterinarians;

     (20) Cooperate)) (16) Work with practicing veterinarians and other regulatory agencies to take measures to control communicable and/or reportable equine diseases;

     (((21))) (17) Periodically review ((all)) horse ((papers under the jurisdiction of the commission)) registration certificates to ensure that all required test and health certificates are current and properly filed in accordance with these rules; and

     (((22) Be authorized to)) (18) Humanely destroy any horse ((deemed to be)) so seriously injured that it is in the best interests of ((racing)) the horse to ((so)) act.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-550, filed 12/19/97, effective 1/19/98.]

     (5) The horse identifier shall report to the stewards any horse not properly identified or whose registration certificate is not in conformity with these rules.)) The horse identifier is responsible for performing the following duties:

     (1) Inspect the certificate of registration or each horse scheduled to compete at the race meet to ensure the proper identification;

     (2) Examine every starter in the receiving barn or paddock for lip tattoo, sex, color, and markings or other identification method approved by the appropriate breed registry and the commission for comparison with its registration certificate to verify the horse's identity;

     (3) Approve each horse to enter and race by determining that they are properly tattooed and match their breed specific foal certificate; and

     (4) Report to the board of stewards any horse not properly identified or whose registration certificate is not in compliance with these rules.

[Statutory Authority: RCW 67.16.040. 99-05-048, § 260-24-560, filed 2/12/99, effective 3/15/99; 98-01-145, § 260-24-560, filed 12/19/97, effective 1/19/98.]

     (c) To be removed from the paddock judge's list, a horse must be schooled in the paddock and demonstrate to the satisfaction of the paddock judge and the stewards that the horse is capable of performing safely in the paddock.)) The paddock judge is responsible for performing the following duties:

     (1) Supervise the horses in the paddock and saddling enclosure;

     (2) Inspect all equipment of each horse to ensure safety;

     (3) Monitor any equipment as requested by the board of stewards;

     (4) Prohibit any change of equipment listed in WAC 260-44-010 without approval of the board of stewards;

     (5) Ensure that all horses are generally mounted at the same time, and all horses leave the paddock for the post parade in the proper sequence;

     (6) Supervise paddock schooling of all horses approved for schooling;

     (7) Place and remove horses on the paddock list for poor or unruly behavior in the paddock. Horses placed on the paddock list will be refused entry until the horse has been satisfactorily schooled in the paddock. Schooling will be under the direct supervision of the paddock judge or his/her designee;

     (8) Ensure that only properly authorized persons are permitted in the paddock; and

     (9) Report to the stewards any unusual activities in violation of these rules.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-570, filed 12/19/97, effective 1/19/98.]

     (4) The starter and assistant starter shall report all unauthorized activities to the stewards.)) (1) The starter is responsible for the following duties:

     (a) Ensure all participants have an equal opportunity to a fair start;

     (b) Supervise the assistant starters;

     (c) Provide a sufficient number of assistant starters for each race;

     (d) Assign the starting gate stall positions to assistant starters and notify the assistant starters of their respective stall positions, or assign a foreman to act in his behalf, before post time for each race;

     (e) Assess and make recommendations to the board of stewards on the ability of each person applying for an initial jockey license in breaking from the gate and working a horse in the company of other horses;

     (f) Load horses into the gate in any order necessary to ensure a safe and fair start.

     (2) The starter will place and remove horses on the starter's list for poor or unruly behavior in the starting gate. Horses placed on the starter's list will be refused entry until the horse has been satisfactorily schooled in the starting gate. Schooling will be under the direct supervision of the starter or his designee.

     (3) The starter has complete authority over the starting gate, the starting of horses, and the authority to give orders, which are not in conflict with these rules.

     (4) The starter will appoint all assistant starters. Assistant starters must first demonstrate they are adequately trained to safely handle horses in the starting gate. In emergencies the starter may appoint qualified individuals to act as substitute assistant starters.

     (5) Assistant starters may not:

     (a) Handle or take charge of any horse in the starting gate without the expressed permission of the starter;

     (b) Impede the start of a race;

     (c) Strike a horse with a whip;

     (d) Use a device, unless approved by the stewards, to assist in the loading of a horse into the starting gate;

     (e) Slap, boot or otherwise dispatch a horse from the starting gate;

     (f) Strike or use abusive language to a jockey; or

     (g) Accept or solicit any gratuity or payment other than his/her regular salary, directly or indirectly, for services in starting a race.

     (6) The starter and assistant starters will report all unauthorized activities to the stewards.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-580, filed 12/19/97, effective 1/19/98.]

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-590, filed 12/19/97, effective 1/19/98.]

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-600, filed 12/19/97, effective 1/19/98.]

     (4) Various accounting and auditing services as requested by the commission or the stewards.)) The commission auditor is responsible for the following duties:

     (1) Reviewing annually the financial statements of the racing association.

     (2) Verifying the monetary commissions due to each entity as required by law, rule or agreement.

     (3) Verifying Washington-bred eligibility and the accounting for the Washington-bred owners' bonus fund.

     (4) Verifying payoffs on betting pools as requested by the commission or designee.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-610, filed 12/19/97, effective 1/19/98.]

     (9) Assume the duties of the jockey room supervisor in the absence of such employee.)) The clerk of scales is responsible for the following duties:

     (1) Verifying the presence of all jockeys in the jockey's room at the time required by rule;

     (2) Verifying all jockeys are properly licensed;

     (3) Verifying the correct weight of each jockey at the time of weighting out and weighing in;

     (4) Overseeing the security of the jockey's room, including the conduct of the jockeys and their attendants;

     (5) Recording all required data on the scale sheet and submitting the completed scale sheet to the horseman's bookkeeper at the end of each race day;

     (6) Maintaining the records of applicable winning races on all apprentice certificates at the race meet;

     (7) Releasing the apprentice jockey certificates when either the jockey departs or at the conclusion of the race meet;

     (8) Reporting immediately to the board of stewards any violations of the rules of racing.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-620, filed 12/19/97, effective 1/19/98.]

     (7) Report to the stewards any unusual occurrences in the jockey room.)) The jockey room supervisor is responsible for the following duties:

     (1) Supervising the conduct of the jockeys and their attendants while they are in the jockeys' room;

     (2) Keeping the jockeys' room clean and safe for all participants;

     (3) Ensuring all jockeys are in the correct colors before leaving the jockeys' room to mount their horses;

     (4) Keeping a daily program available for the jockeys so they have ready access to mounts that may come available;

     (5) Keeping unauthorized persons out of the jockeys' room;

     (6) Assisting the clerk of scales in the weighing in or out of jockeys when authorized by the stewards or clerk of scales; and

     (7) Reporting to the clerk of scales or stewards any unusual occurrences in the jockeys' room.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-630, filed 12/19/97, effective 1/19/98.]

     (5) Performing any other duties as assigned by the board of stewards.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-640, filed 12/19/97, effective 1/19/98.]

     (5) Whenever training occurs at other than a racing association within its scheduled race meet and training dates, only individuals licensed by the commission may clock workouts. Off-season clocking can only be performed at approved training centers, in the method prescribed by the commission, and in compliance with WAC 260-40-100. Prior to conducting off-season clocking, all clockers must be approved and licensed by the commission. Approval shall be based on the clockers' knowledge of and proficiency in performing clocking activities.)) (1) The clocker is responsible for the following duties:

     (a) Be present during training hours at each association to record the time and distance of each horse's official workout. (A clocker is not required to be present for any other workouts);

     (b) Prepare a daily record of all official workouts, which must include:

     (i) The name of each horse;

     (ii) The name of the track and training center where the official workout occurred; and

     (iii) The time and distance of each horse's official workout;

     (c) Deliver the daily record of all official workouts occurring on association grounds to the racing secretary at the end of each day's training.

     (2) The clocker recording official workouts off the association grounds, during the association's scheduled race meet and training dates, will deliver the daily record of all official workouts to the racing secretary within twenty-four hours.

     (3) Approval for a clocker's license will be based on the individual's knowledge of and proficiency in performing clocking activities.

[Statutory Authority: RCW 67.16.020. 04-07-074, § 260-24-650, filed 3/15/04, effective 4/15/04. Statutory Authority: RCW 67.16.040. 00-20-028, § 260-24-650, filed 9/27/00, effective 10/28/00; 98-01-145, § 260-24-650, filed 12/19/97, effective 1/19/98.]

     (6) The timer shall maintain a written record of fractional and finish times of each race and have same available for inspection by the stewards or the commission on request.)) The race timer is responsible for the following duties:

     (1) Recording accurately the time elapsed between the start and finish of each race. The time will be recorded from the instant the race begins until the first horse reaches the finish line. (As a backup to the electronic timer, the race timer will also use a stopwatch to time all races. In time trials, the race timer will ensure that the board of stewards approves three designees to use at least three stopwatches.)

     (2) Posting the official running time on the infield totalisator board at the end of each race. (At a racetrack equipped with an appropriate infield totalisator board, the timer will post the split times for races in fractions as a race is being run. For quarter horse races, the timer will post the official times in hundredths of a second.)

     (3) Maintaining a record of fractional and finish times of each race. The record will be available for inspection by the board of stewards.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-660, filed 12/19/97, effective 1/19/98.]

     (2) When directed by the board of stewards, inspect the height of toe grabs, or type of shoes on all horses, either in the receiving barn or paddock.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-670, filed 12/19/97, effective 1/19/98.]

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-680, filed 12/19/97, effective 1/19/98.]

     (d) Reporting to the stewards any questionable conduct, and unsafe riding.

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-690, filed 12/19/97, effective 1/19/98.]

[Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-700, filed 12/19/97, effective 1/19/98.]

OTS-1238.2

AMENDATORY SECTION(Amending WSR 00-06-069, filed 3/1/00, effective 4/1/00)

WAC 260-52-010   Paddock to post.   (1) Permission must be obtained from a steward to exercise a horse between races.

     (2) In a race, each horse ((shall)) must carry a conspicuous saddlecloth number and a head number, corresponding to ((his)) its number on the official program. In the case of an entry each horse making up the entry ((shall)) must carry the same number (head and saddlecloth) with a distinguishing letter. For example, 1-1A, 1X. In the case of a field the horses comprising the field ((shall)) must carry an individual number; i.e., 12, 13, 14, 15, and so on.

     (3) After the horses enter the track, and before the start of the race, no jockey ((shall)) may dismount and no horse ((shall be entitled to the care of an attendant)) may be handled by anyone other than the jockey, the starter, the starter's assistants, the outrider, the pony rider, or the official veterinarian without ((consent)) permission of the stewards or the starter((, and the horse must be free of all hands other than those of the jockey or assistant starter before the starter releases the barrier)).

     (4) In the case of ((accident)) injury to a jockey, his/her mount, or damage to equipment, the stewards or the starter may permit the jockey to dismount and the horse to be cared for during the delay((, and may)). The stewards may permit all jockeys to dismount ((and all horses to be attended)) during the delay.

     (5) All horses ((shall)) must participate in the post parade, which includes passing the steward's stand and, ((under penalty of disqualification, shall)) all horses must carry their weight from the paddock ((to the starting post, such parade to pass the steward's stand)) until the finish of the race unless approved by the stewards.

     (6) ((After entering the track not more than 12 minutes shall be consumed in the parade of the horses to the post except in cases of unavoidable delay. After passing the stand once, horses will be allowed to break formation and canter, warm up or go as they please to the post.)) The post parade may not exceed twelve minutes unless approved by the stewards. When horses have reached the post, they ((shall)) will be started without unnecessary delay.

     (7) If the jockey is ((so)) injured on the way to the post ((as to require another jockey)), the horse ((shall)) will be taken to the paddock and another jockey obtained, if available.

     (8) No person ((shall)) may wilfully delay the arrival of a horse at the post.

     (9) No person other than the rider, starter, or assistant starter ((shall be permitted to)) may strike a horse, or attempt((, by shouting or otherwise)) to assist ((it in getting a start)) the horse in starting.

     (10) ((In all races)) A jockey is not required to carry a whip. However, in any race in which a jockey will not ride with a whip, ((an announcement of that fact shall be made over the public address system)) the public will be notified prior to the race.

[Statutory Authority: RCW 67.16.040. 00-06-069, § 260-52-010, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 81-08-013 (Order 81-01), § 260-52-010, filed 3/24/81; Rules 187 through 196, filed 4/21/61.]

[Statutory Authority: RCW 67.16.040. 00-20-028, § 260-52-020, filed 9/27/00, effective 10/28/00; Order 3, § 260-52-020, filed 5/12/69; Rule 210, filed 4/21/61.]

     (2) If, when the starter dispatches the field, any door at the front of the starting gate stalls ((should)) does not open properly ((due to a mechanical failure or malfunction)) or ((should any)) if the action by any starting gate personnel directly cause a horse to receive an unfair start, the stewards may declare such a horse a nonstarter.

     (3) Should a horse((, not scratched prior to the start,)) not be in the starting gate stall ((thereby causing it to be left when the field is dispatched by the starter,)) at the time the starting gates are opened, the horse ((shall)) will be declared a nonstarter by the stewards.

     (4) Should an accident or malfunction of the starting gate, or other unforeseeable event occur during the running of the race, which compromises the fairness of the race or the safety of ((race)) the participants, the stewards may declare individual horses to be nonstarters, exclude individual horses from one or more parimutuel pools or declare a "no contest" and refund all wagers except as otherwise provided in the rules involving multirace wagers.

[Statutory Authority: RCW 67.16.040. 00-06-069, § 260-52-030, filed 3/1/00, effective 4/1/00; Order 74.2, § 260-52-030, filed 10/30/74; Order 73.7, § 260-52-030, filed 12/3/73; Rules 247, 248, 249 and 254, filed 4/21/61.]

     (2) If a jockey strikes or touches another jockey or another jockey's horse or equipment, his/her mount may be disqualified.

     (3) When clear in a race a horse may be ridden to any part of the course((, but)). If any horse swerves, or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, ((it)) the horse may be disqualified((;)).

     (4) ((A horse which interferes with another and thereby causes any other horse to lose ground or position or causes any other horse to break stride, when such other horse is not at fault and when such interference occurs in a part of the race where the horse interfered with loses the opportunity to place where it might, in the opinion of the stewards be reasonably be expected to finish, may be disqualified;)) A horse may not interfere with another horse and thereby cause the other horse to lose ground or position, or cause the other horse to break stride. When this interference occurs in the part of the race where the other horse loses the opportunity to place where it might reasonably be expected to finish, the stewards may disqualify the interfering horse.

     (5) If the stewards determine the foul was intentional, or due to careless riding, the jockey may be held responsible((;)).

     (6) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane ((in such a manner that it)) and interferes ((with)), impedes, or intimidates another horse, it ((is)) may be considered a foul and may result in the disqualification of the offending horse.

     (7) ((When the stewards determine that a horse shall be disqualified, they may place the offending horse behind such horses as in their judgment it interfered with, or they may place it last;)) When a horse is disqualified, the stewards may place the offending horse behind the horse(s) it interfered with, place it last, or declare it unplaced and ineligible for any purse money and/or time trial qualification. In the case of multiple disqualifications, under no circumstance may a horse regain its finishing position once it has been disqualified.

     (8) If a horse is disqualified, any ((horse or)) horses ((with which)) it is coupled ((as an entry)) with may also be disqualified((;)).

     (9) When a horse is disqualified in a time trial race, for the purposes of qualifying only, it ((shall)) must receive the time of the horse it is placed behind plus one-hundredth of a second penalty or more exact measurement if photo finish equipment permits, and ((shall be)) remain eligible to qualify for the finals or consolations of the race on the basis of the assigned time((;)).

     (10) In time trials, horses must qualify on the basis of time and order of finish. Times are determined by the official timer. If the automatic timer malfunctions, averages of a minimum of three hand times must be used for that individual race. In the instance of horses competing in the same race receiving identical times, order of finish must determine qualifiers. In the event two or more horses receive identical times for the final qualifying position, a draw by lot conducted by the stewards will determine the final qualifying positions.

     (11) If a horse that qualified for the finals should be unable to enter due to racing soundness or scratched for any other reason other than a positive test or rule violation, the owner will receive last place purse money. If more than one horse is scratched from the final, then those purse moneys will be added together and distributed equally among those owners.

     (12) If a qualifier for a final or consolation is disqualified for ineligibility or a rule violation after the time trials are declared official, but prior to entry for the final or consolation, the nonqualifier with the next fastest time must replace the disqualified horse. If a qualifier is disqualified after entry for the final or consolation for any reason other than unsoundness, illness or death, the purse will be redistributed among the remaining qualifiers.

     (13) Possession of any electrical or mechanical stimulating or shocking device by a jockey, horse owner, trainer or other person ((authorized to handle or attend to a horse shall)) will be considered prima facie evidence of a violation of these rules and is sufficient grounds for the stewards to scratch or disqualify ((the)) any horse((;)) involved, and summarily suspend the individual in possession of the device.

     (((11) The stewards may determine that a horse shall be unplaced for the purpose of purse distribution and time trial qualification.

     (12) No)) (14) Any jockey carrying a whip during a race ((shall fail to)) must use the whip in a manner consistent with using his/her best efforts to win.

     (((13))) (15) Any jockey who uses a whip during the running of a race is prohibited from whipping a horse:

     (a) In an excessive or brutal manner;

     (b) On the head, flanks, or on any part of its body other then the shoulders or hind quarters;

     (c) During the post parade except when necessary to control the horse;

     (d) When the horse is clearly out of the race;

     (e) Steadily, even though the horse is showing no response to the whip.

[Statutory Authority: RCW 67.16.040. 00-06-069, § 260-52-040, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 81-08-013 (Order 81-01), § 260-52-040, filed 3/24/81; Rule 211, filed 4/21/61.]

     (2) ((The association shall keep on file for the duration of the meeting each plate or film or tape of each race for reference or reproduction upon request of the commission.)) In placing the horses at the finish, the position of the horses' noses only will be considered and not any other part of the body.

[Statutory Authority: RCW 67.16.040. 00-07-041, § 260-52-060, filed 3/6/00, effective 4/6/00; Rule 203, filed 1/30/67; Rules 203 and 204, filed 4/21/61.]

     (2) Nothing in these rules ((shall be construed to prevent the placing judges, with the approval of)) will prevent the stewards((,)) from correcting an error before the display of the sign "official" or from recalling the sign, "official" in case ((it has been displayed through)) of an error.

[Statutory Authority: RCW 67.16.040. 99-05-047, § 260-52-070, filed 2/12/99, effective 3/15/99; Rules 205 and 206, filed 4/21/61.]

[Statutory Authority: RCW 67.16.040. 00-20-027, § 260-52-080, filed 9/27/00, effective 10/28/00; Rule 277, filed 4/21/61.]

     (4) If the owners involved in a dead heat cannot agree as to which of them is to receive a trophy, plaque, or other prize that cannot be divided, the decision will be determined by lot by the stewards or their designee.

[]

     The following section of the Washington Administrative Code is repealed:

WAC 260-52-050

Placing judges -- Duties.

OTS-1228.2

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

WAC 260-56-010   ((Who may file.)) Objections (claim of foul).   (1) ((A protest)) An objection involving the running of a race, ((except a protest involving fraud,)) may be filed ((only)) by the owner (((or)), his/her authorized agent(())), trainer, or jockey of a horse ((engaged)) in the race ((over which the protest is made)), or by a racing official of the meeting.

     (2) ((A protest involving fraud may be made by any person.)) An objection may be received by the clerk of scales, stewards, or their designees.

     (3) An objection must be filed before the race is declared official, including whenever the "quick official" method is used.

     (4) The stewards will rule on all objections and determine the extent of disqualification, if any, of a horse in the race. The stewards' decision is final and cannot be challenged under WAC 260-08-675.

[Rules of racing, §§ 220, 221, filed 4/21/61.]

     (2) A protest to a horse which is entered in a race may be made on, but not limited to, the following:

     (a) An error or omission in the entry of a horse;

     (b) The horse entered to run is not the horse it is represented to be at the time of entry;

     (c) The horse is not qualified to enter under the conditions specified for the race, the weight allowances are improperly claimed, or the weight to be carried is incorrect according to the conditions of the race; or

     (d) The horse is owned in whole or in part, or leased or trained by a person ineligible to participate in racing or otherwise ineligible to own a race horse as provided in these rules.

     (3) The decision of a prerace protest by the board of stewards is final and may not be appealed.

[]

     (2) A protest may be made on any of the following grounds:

     (a) The order of finish as officially determined by the stewards was incorrect due to an oversight or errors in the number of the horses which started the race;

     (b) The weight carried by a horse was improper, due to fraud or willful misconduct; or

     (c) An unfair advantage was gained by violation of the rules.

     (3) The time limitation on the filing of protests will not apply in any case in which fraud or willful misconduct is involved.

[]

     (2) If a protest is upheld by the board of stewards, any purse moneys or prizes previously distributed must be returned for redistribution.

     (3) Any person who fails to return any purse moneys or other prizes for redistribution may be subject to disciplinary action by the stewards.

[Rules of racing, § 228, filed 4/21/61.]

[Rules of racing, § 230, filed 4/21/61.]

     The following sections of the Washington Administrative Code are repealed:

WAC 260-56-020	Requisites -- Time for filing.
WAC 260-56-070	Records and reports.

OTS-1229.3

AMENDATORY SECTION(Amending WSR 05-07-063, filed 3/11/05, effective 4/11/05)

WAC 260-60-300   Who may claim.   (1) In claiming races, any horse is subject to be claimed for its entered price by any owner licensed by the commission, including a prospective owner who has been issued a claiming certificate, or by a licensed authorized agent for the account of such owner.

     (2) In order to claim a horse as a prospective owner, a person ((shall)) will submit to the stewards a completed application for a prospective owner's license and the name of a licensed trainer who will assume the care and responsibility for any horse claimed. The stewards ((shall)) may issue a claiming certificate to the applicant upon satisfactory evidence that the applicant is eligible for an owner's license. Once the prospective owner has successfully claimed a horse and made payment of labor and industry fees due, he/she ((shall)) will be considered an owner. At that time the owner should contact a commission office for a new identification badge.

     (3) The names of licensed prospective owners who have been issued a claiming certificate ((shall)) must be prominently displayed in the offices of the commission and the racing secretary.

     (4) A claiming certificate ((shall)) will expire ((with)) forty-five days from the date of issue, but may be extended with approval of the stewards; at the conclusion of the race meet at which it was issued, upon the claim of a horse, or upon issuance or denial of an owner's license, whichever comes first.

     (5) No owner or prospective owner ((shall)) may claim more than one horse in any one race.

     (6) An authorized agent may claim up to two horses, if each horse is claimed on behalf of ((a)) entirely different ((owner)) ownerships, ((as long as)) and the ((owners)) ownerships do not have a common interest in both claims. An authorized agent ((shall)) may not make a claim on the same horse for different owners.

     (7) ((When a training stable consists of horses owned by more than one person, not)) No more than two claims may be entered ((on behalf of such training stable in)) with the same trainer listed in any one race.

     (8) ((In claiming races not more than two horses in the same interest or under the control of the same trainer can start.)) No trainer may enter or start more than two horses for a claiming price in one race.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-063, § 260-60-300, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.020. 04-24-019, § 260-60-300, filed 11/22/04, effective 12/23/04. Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-300, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-310, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-330, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-340, filed 5/23/96, effective 6/23/96.]

     (2) ((Shall)) Be made on forms and in envelopes furnished by the association and approved by the commission. Both forms and envelopes must be filled out completely, and must be sufficiently accurate to identify the claim.

     (3) In the case of joint ownership only one owner needs to sign.

     (4) No money ((shall)) will accompany the claim. Each person desiring to make a claim, must first establish an account with the racing association and have on deposit with the association the whole amount of the claim (including any applicable taxes). The deposit ((shall)) must be in cash, or in the discretion of the association, a certified or bank cashier check.

     (5) Claims ((shall)) must be deposited in the claiming box at least fifteen minutes before the established post time of the race for which the claim is filed. When a claim has been filed it is irrevocable and at the risk of claimant.

     (6) When a claiming certificate is to be used, that certificate must accompany the claim, or the claim may be declared void.

[Statutory Authority: RCW 67.16.020. 04-05-093, § 260-60-350, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-350, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.020. 04-05-093, § 260-60-360, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-360, filed 5/23/96, effective 6/23/96.]

     (2) ((No)) A person ((shall offer)) is prohibited from offering, or ((enter)) entering into an agreement, to claim or not to claim, or ((attempt)) attempting to prevent another person from claiming, any horse in a claiming race.

     (3) ((No)) A person ((shall attempt)) is prohibited from attempting, by intimidation, to prevent any one from running a horse in any race for which it is entered.

     (4) ((No)) An owner or trainer, starting a horse in any claiming race, ((shall make)) is prohibited from making any agreement for the protection of each other's horses from being claimed by a third party.

     (5) A person ((shall not)) is prohibited from participating in any claim for a horse in which he/she has a financial or beneficial interest ((as an owner or trainer)).

     (6) A person ((shall)) must not cause another person to claim a horse for the purpose of obtaining or retaining an undisclosed financial or beneficial interest in the horse.

     (7) A person ((shall)) must not claim a horse, or enter into any agreement to have a horse claimed, on behalf of an ineligible or undisclosed person.

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-380, filed 5/23/96, effective 6/23/96.]

     (1) Full disclosure ((of such fact)) that the filly or mare is in foal is on file with the racing secretary and ((such)) the information is posted in his/her office;

     (2) The stallion service certificate has been deposited with the racing secretary's office and attached to the horse's foal registration certificate;

     (3) All payments due for the service in question and for any live progeny resulting from that service are paid in full.

     (4) No filly or mare in foal may race, in a claiming race, after the fifth month of pregnancy.

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-400, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-410, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-420, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-440, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-450, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-460, filed 5/23/96, effective 6/23/96.]

[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-470, filed 5/23/96, effective 6/23/96.]

OTS-1230.1

AMENDATORY SECTION(Amending Order 74.2, filed 10/30/74, effective 1/1/75)

WAC 260-64-010   ((What embraced in)) Winnings -- "Winner of a certain sum."   Winnings ((shall)) must include all ((prizes)) purse moneys won for placing first in any race up to ((the time appointed for the start)) post time of the race entered, and ((shall)) will apply to all races in any country((, and embrace walking over or receiving forfeit, but not second or third money, or the value of any prize not of money or not paid in money)). Winnings during the year ((shall)) will be ((reckoned)) determined from January 1st ((preceding)) of the corresponding year.

     Winner of a certain sum ((shall)) means the winner of a single race of that value unless otherwise expressed in the conditions.

[Order 74.2, § 260-64-010, filed 10/30/74, effective 1/1/75; Rules of racing, § 315, filed 4/21/61.]

[Rules of racing, § 316, filed 4/21/61.]

[Rules of racing, § 318, filed 4/21/61.]

[Rules of racing, § 319, filed 4/21/61.]

     The following sections of the Washington Administrative Code are repealed:

WAC 260-64-030	Extra amount won in series of races.
WAC 260-64-060	Dead heats.

OTS-1231.1

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

WAC 260-66-010   Walking over.   If, at ((the time for saddling)) post time, only one horse ((shall have weighed out)) remains eligible to race, that horse ((shall)) must be ridden past the judge's stand, ((go to the post, and then move over the course)) break from the starting gate, and complete the listed distance of the race. ((He shall)) The horse will then be ((deemed)) declared the winner.

[Rules of racing, § 292, filed 4/21/61.]

     (((a))) (1) In overnight races, ((one-half of)) the winner's rightful share of first money.

     (((b))) (2) In stake races, ((one-half of)) the winner's rightful share of the added money and all nomination and entrance fees.

     (((2) In case of a walkover, any money or prize which by the condition of the race would have been awarded to a horse placed second, or lower in the race, shall, if contributed by the owners, be paid to the winner. If a donation from any other source, it shall not be awarded.))

[Rules of racing, §§ 293, 294, filed 4/21/61.]

[Rules of racing, § 295, filed 4/21/61.]

OTS-1233.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 260-76-010	Hand books and foreign books prohibited.
WAC 260-76-020	Bookmakers, vagrants, fugitives, undesirable persons, not permitted at track.

OTS-1234.1

NEW SECTION
WAC 260-80-170   Bookmaking is prohibited.   No person may make, solicit for, or bet with a handbook or a foreign book on the grounds of any licensed race track or satellite location. No person who is or reputed to be a bookmaker, may enter or remain on the grounds of any racing association or satellite location in this state.

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