WSR 18-10-064 PROPOSED RULES HORSE RACING COMMISSION [Filed April 30, 2018, 11:38 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-03-065. Title of Rule and Other Identifying Information: WAC 260-36-260 Employees and duties. Hearing Location(s): On June 8, 2018, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002. Date of Intended Adoption: June 8, 2018. Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-459-6461, by May 31, 2018. Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, TTY 360-459-6462, email patty.brown@whrc.state.wa.us, by May 31, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds expected duties for grooms regarding work expectations. Reasons Supporting Proposal: Original duties described did not consider duties not generally associated with the care of a horse, but duties expected of grooms in general maintenance of the stable, such as assisting with feed and hay delivery. 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, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Not applicable. The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related. April 30, 2018 Douglas L. Moore Executive Secretary
AMENDATORY SECTION (Amending WSR 12-23-015, filed 11/9/12, effective 12/10/12)
WAC 260-36-260 Employees and duties.
(1) Employees of licensed trainers are grooms, assistant trainers, exercise riders (both at the track and at the farm), and pony riders (both at the track and at the farm). Employees of a trainer may only perform those duties for which they are licensed and as outlined in this section. For the purposes of industrial insurance coverage under the horse industry account, coverage will only extend while an employee is properly licensed by the commission, employed by a licensed trainer, and only performing duties associated with the employee's license.
(2) Exercise riders, both at the track and farm may only perform the following duties:
(a) Exercise horses, which includes riding, lunge and line drive horses;
(b) Assist with saddling horses for training;
(c) Unsaddle horses following training;
(d) Clean tack following training;
(e) An exercise rider may not perform any of the duties of a groom, assistant trainer, pony rider, or other duties not usually preparing horses for competition.
(3) Pony riders may only perform the following duties:
(a) Escort horses to the track during training;
(b) Escort horses to the receiving barn and to the stable following a race;
(c) Escort horses to the starting gate in the post parade during racing (pony rider - track only);
(d) Clean stalls, rake and clean stable area associated with their ponies;
(e) A pony rider may not perform any duties of a groom, assistant trainer, exercise rider, or other duties not normally associated with escorting horses.
(4) Grooms may perform the following duties:
(a) Clean stalls, rake and clean stable area;
(b) Bathe, groom, feed, and water horses;
(c) Lead horses to and from hot walkers or to the track and/or receiving barn and paddock;
(d) Apply bandages, salves, topical medications, etc.;
(e) Tack horses for training;
(f) Handle horses in the paddock and test barn; ((and))
(g) Stacking or arranging feed and hay in the stable or barn area of a track or farm where a trainer has coverage, (when feed or supplies are delivered by a vendor the unloading of the feed or supplies is excluded);
(h) Assist in the loading and unloading of horses from trailers and van services in the stable or barn area of a track or farm where a trainer has coverage; and
(i) A groom may not mount or ride a horse.
(5) Assistant trainers may perform the duties of a groom and additionally may represent the trainer in other matters such as entering and scratching horses. An assistant trainer also may not mount or ride a horse.
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