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

     Purpose: Allows jockey agents to participate as owners with certain restrictions.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-32-400.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 13-04-049 on February 1, 2013.

     Changes Other than Editing from Proposed to Adopted Version: Jockey agents may only own, not train horses.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 15, 2013.

Douglas L. Moore

Executive Secretary

OTS-5178.3

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.]