Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-09-038.

     Title of Rule and Other Identifying Information: WAC 260-32-400 Jockey agents -- Powers and duties.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 15, 2013, at 9:30 a.m.

     Date of Intended Adoption: March 15, 2013.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by March 13, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by March 13, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Allows jockey agents to participate as owners with certain restrictions.

     Reasons Supporting Proposal: Requested and supported by stakeholders.

     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: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 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.

February 1, 2013

Douglas L. Moore

Deputy Secretary

OTS-5178.2

AMENDATORY SECTION(Amending WSR 06-07-065, filed 3/10/06, effective 4/10/06)

WAC 260-32-400   Powers and duties.   (1) Each jockey agent ((shall)) must be licensed by the commission.

     (2) ((No)) A jockey agent ((shall)) may be the owner or trainer of ((any)) a horse under the following conditions:

     (a) A jockey agent may only enter one horse that they have an ownership interest in for any overnight race.

     (b) A jockey agent may not claim a horse.

     (c) A jockey whom the jockey agent represents must ride the horse, unless approved by the stewards, or no other jockey that the jockey agent represents may compete against the horse.

     (3) A jockey agent may represent up to three jockeys.

     (4) No jockey agent shall make or assist in making any engagement for any rider other than those he is licensed to represent, without prior approval of the board of stewards, which may be granted for a temporary time period not to exceed ten days.

     (5) If a jockey agent is absent for a period of more than ten days, the jockey will be required to engage another jockey agent.

     (6) Each jockey agent shall keep, on a form provided by the association, a record by races of all engagements made by him of the riders he is representing. This record must be kept up to date and held ready at all times for the inspection by the stewards.

     (7) If any jockey agent gives up the making of engagements for any rider, he/she shall immediately notify the stewards, and he/she shall also turn over to the stewards a list of any unfilled engagements he/she may have made for that rider. A jockey agent may not drop a rider without notifying the board of stewards in writing. The stewards will decide all rival claims for the services of a rider. Jockey agents who fail to honor commitments made are subject to disciplinary action.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-065, § 260-32-400, filed 3/10/06, effective 4/10/06. Statutory Authority: RCW 67.16.040. 92-21-027, § 260-32-400, filed 10/13/92, effective 11/13/92. Statutory Authority: RCW 67.16.020 and 67.16.040. 80-01-073 (Order 79-03), § 260-32-400, filed 12/24/79. Rules of racing, § 174, filed 3/11/65; filed 4/21/61.]