Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-23-168.

     Title of Rule and Other Identifying Information: WAC 260-12-180 Safety equipment and 260-28-230 Trainer -- Duty to register personnel -- Occupational licenses -- Safety equipment.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 9, 2006, at 9:30 a.m.

     Date of Intended Adoption: March 9, 2006.

     Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by March 6, 2006.

     Assistance for Persons with Disabilities: Contact Patty Sorby by March 6, 2006, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: (1) To amend WAC 260-12-180 Safety equipment, to specify the type of safety equipment, including helmet, vests and equestrian footwear required while on horseback. (2) To amend WAC 260-28-230 to clarify the responsibility of each trainer to notify the commission when a person leaves their employ and also responsible to insure that all persons in their employ wear safety equipment when on horseback.

     Reasons Supporting Proposal: Provides safety standards for specific equipment and clarifies the trainer's responsibility related to their employees.

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

January 9, 2006

R. M. Leichner

Executive Secretary

OTS-8522.2

AMENDATORY SECTION(Amending WSR 01-01-035, filed 12/8/00, effective 1/8/01)

WAC 260-12-180   Safety equipment required.   (1) When on association grounds, all persons ((while)) on horseback shall wear a securely fastened safety helmet ((and safety vest)) that meets current standards for equipment designed and manufactured for use while riding horses as established by the American Society for Testing and Materials/Safety Equipment Institute (ASTM/SEI), the British Standards Institute (BSI) or similar organization. ((Safety equipment shall be approved by the commission.))

     (2) All persons on horseback shall wear a securely fastened safety vest that is designed to provide shock-absorbing protection of at least a rating of 5, as defined by the British Equestrian Trade Association (BETA).

     (3) In addition, all persons on horseback shall wear equestrian footwear with a 1/2 to 3/4 inch heel and that covers the rider's ankle.

     This rule does not apply to nonracing related events conducted for entertainment purposes. Safety equipment for such entertainment events shall be at the discretion of the racing association.

[Statutory Authority: RCW 67.16.040. 01-01-035, § 260-12-180, filed 12/8/00, effective 1/8/01; Rules of racing, § 24, filed 4/21/61.]

OTS-8523.1

AMENDATORY SECTION(Amending WSR 00-06-072, filed 3/1/00, effective 4/1/00)

WAC 260-28-230   Trainer -- Duty to register personnel -- ((Occupational licenses -- ))Safety equipment.   ((Each trainer shall register with the racing commission every person in his/her employ and be responsible for all his/her employees securing occupational licenses.

     He/she shall also be responsible for every jockey and all his/her employees wearing a safety helmet and safety vest while on horse back. The safety helmet and safety vest shall be of a type approved by the commission and any changes in the helmet or the vest must be approved in writing by the stewards.)) A trainer shall be required to notify the commission of the names of every person in the trainer's employ and be responsible to ensure all the trainer's employees are properly licensed by the commission before being allowed to work. If a trainer releases any employee, the trainer shall notify the stewards with forty-eight hours.

     A trainer shall also be responsible to ensure that all the trainer's employees wear a safety helmet and safety vest while on horseback, in compliance with WAC 260-12-180.

[Statutory Authority: RCW 67.16.040. 00-06-072, § 260-28-230, filed 3/1/00, effective 4/1/00; Rules of racing, § 286, filed 4/21/61.]