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

     Purpose: To amend WAC 260-44-080 to allow jockeys at Class C (nonprofit) race meets to ride up to one hundred thirty-five pounds.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-44-080.

     Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

      Adopted under notice filed as WSR 08-02-015 on December 21, 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 14, 2008.

R. J. Lopez

Deputy Secretary

OTS-1149.2

AMENDATORY SECTION(Amending WSR 07-07-035, filed 3/12/07, effective 4/12/07)

WAC 260-44-080   Weighing out -- Overweight(( -- Declarations -- Posting -- Maximum)).   (1) If a jockey intends to carry overweight, he/she must declare the amount at the time of weighing out.

     (2) If a jockey reports an overweight exceeding two pounds, the owner or trainer has the option to replace the jockey without being assessed a double-jock mount fee. Failure on the part of a jockey to comply with this rule will be reported to the stewards by the clerk of scales.

     (3) At Class A or B race meets a horse may not carry more than seven pounds overweight((, except as provided in subsection (4) of this section)).

     (4) Horses ((running)) at Class C race meets may carry more than seven pounds overweight ((with the permission of the stewards)), up to a maximum weight of one hundred thirty-five pounds((, except in handicap races or races where the conditions of the race expressly state to the contrary)).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-035, § 260-44-080, filed 3/12/07, effective 4/12/07; 06-07-063, § 260-44-080, filed 3/10/06, effective 4/10/06; 87-15-019 (Resolution No. 87-02), § 260-44-080, filed 7/8/87; Order 75-1, § 260-44-080, filed 2/18/75. Rules of racing, §§ 304, 305, 306, filed 4/21/61.]

© Washington State Code Reviser's Office