WSR 00-06-069



[ Filed March 1, 2000, 8:47 a.m. ]

Date of Adoption: January 26, 2000.

Purpose: Review and update rules to conform with nationally accepted model rules.

Citation of Existing Rules Affected by this Order: Amending WAC 260-52-010, 260-52-030, and 260-52-040.

Statutory Authority for Adoption: RCW 67.16.040.

Adopted under notice filed as WSR 00-01-133 on December 20, 1999.

Changes Other than Editing from Proposed to Adopted Version: WAC 260-52-040, revised wording to make easier to read and understand.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

February 29, 2000

Bruce Batson

Executive Secretary

AMENDATORY SECTION(Amending Order 81-01, filed 3/24/81)

WAC 260-52-010
Paddock to post.

(1) Permission must be obtained from a steward to exercise a horse between races. ((unless the horse is being warmed up on the way to and just prior to entering the paddock for the next race to be run.))

(((2) When a horse is being so warmed up before entering the paddock, his official program number shall be displayed by the rider.))

(((3))) (2) In a race, each horse shall carry a conspicuous saddlecloth number and a head number, corresponding to his number on the official program. In the case of an entry each horse making up the entry shall 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 carry an individual number; i.e., 12, 13, 14, 15, and so on.

(((4))) (3) After the horses enter the track, no jockey shall dismount and no horse shall be entitled to the care of an attendant without consent 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.

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

(((6))) (5) All horses shall parade and, under penalty of disqualification, shall carry their weight from the paddock to the starting post, such parade to pass the steward's stand.

(((7))) (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. When horses have reached the post, they shall be started without unnecessary delay.

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

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

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

(((11))) (10) In all races in which a jockey will not ride with a whip, an announcement of that fact shall be made over the public address system.

[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.]

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

WAC 260-52-030
Starting the race.

(((1) The starter shall give orders to secure a fair start. After reasonable efforts, if a horse cannot be led or backed into position, the starter shall order the horse to be taken to the outside. The start must not be delayed on account of bad-mannered horses. When the stall gate is used, it shall be placed on the track at the discretion of the starter.

(2) The starter is required to load horses into the starting gate in order of post position: Provided, That the starter may load known fractious horses out of order at his discretion.

(3) All races shall be started by a starting gate approved by the commission, except that with permission of the stewards a race may be started without a gate. When a race is started with or without a gate, there shall be no start until, and no recall after, the assistant starter has dropped his flag in answer to that of the starter.

(4) If a horse is locked in the gate, the starter shall immediately notify the stewards who in turn shall immediately notify the manager of pari-mutuel department. The starter shall be the sole judge of what horse or horses are prevented from starting in a race through failure of gates to open.))

(1) The starter is responsible for assuring that each participant receives a fair start.

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

(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, the horse shall be declared a non-starter by the stewards.

(4) Should an accident or malfunction of the starting gate, or other unforeseeable event compromise the fairness of the race or the safety of race participants, the stewards may declare individual horses to be non-starters, 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 multi-race wagers.

[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.]

AMENDATORY SECTION(Amending WSR 81-08-013, filed 3/24/81)

WAC 260-52-040
Post to finish.

(((1) When clear, a horse may be taken to any part of the course, except that crossing or weaving in front of contenders may constitute interference or intimidation for which the offender may be disciplined.

(2) A horse crossing so as actually to impede another horse is disqualified, unless the impeded horse was partly in fault or the crossing was wholly caused by the fault of some other horse or jockey.

(3) If a horse or jockey jostle another horse, the aggressor may be disqualified, unless the jostled horse or his jockey was partly in fault or the jostle was wholly caused by the fault of some other horse or jockey.

(4) If a jockey wilfully strikes another horse or jockey, or rides wilfully or carelessly so as to injure another horse, which is in no way in fault, or so as to cause other horses to do so, his horse is disqualified.

(5) When a horse is disqualified under this rule the other horse or horses in the same race coupled as an entry under WAC 260-48-110 may be disqualified.

(6) Complaints under this rule can only be received from the owner, trainer or jockey of the horse alleged to be aggrieved, and must be made to the clerk of the scales or to the stewards before or immediately after his jockey has passed the scales. But nothing in this rule shall prevent the stewards taking cognizance of foul riding.

(7) Any jockey against whom a foul is claimed shall be given the opportunity to appear before the stewards before any decision is made by them.

(8) A jockey whose horse has been disqualified or who unnecessarily causes his horse to shorten his stride with a view to complaint, or an owner, trainer or jockey who complains frivolously that his horse was crossed or jostled, may be punished.

(9) All horses are expected to give their best efforts in races in which they run, and any instructions or advice to jockeys to ride or handle their mounts otherwise than for the purpose of winning are forbidden and will subject all persons giving or following such instructions or advice to disciplinary action by the stewards and the commission.

(10) No jockey carrying a whip during a race shall fail to use the whip in a manner consistent with using his best efforts to win. Jockeys are prohibited from whipping a horse during the post parade, over the head, or in an excessive or brutal manner.))

(1) All horses shall be ridden out in every race. A jockey shall not ease up or coast to the finish, without reasonable cause, even if the horse has no apparent chance to win prize money. A jockey shall give a best effort during a race, and each horse shall be ridden to win. No jockey shall unnecessarily cause his/her horse to shorten its stride so as to give the appearance of having suffered a foul.

(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 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;

(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 interferes with, impedes or intimidates another horse, it is 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;

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

(9) When a horse is disqualified in a time trial race, for the purposes of qualifying only, it shall 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 eligible to qualify for the finals or consolations of the race on the basis of the assigned time;

(10) 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 be prima facie evidence of a violation of these rules and is sufficient grounds for the stewards to scratch or disqualify the horse;

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

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

(13) 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.

[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.]

Washington State Code Reviser's Office