HORSE RACING COMMISSION

[Filed November 6, 2019, 8:20 a.m.]

Preproposal statement of inquiry was filed as WSR 19-15-069 and 19-17-064.

Title of Rule and Other Identifying Information: WAC 260-28-200 Trainer—Paddock duties and 260-40-110 Horse must be in the care of and saddled by a licensed trainer.

Hearing Location(s): On January 10, 2020, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.

Date of Intended Adoption: January 10, 2020.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-549-6461, by January 5, 2020.

Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email patty.brown@whrc.state.wa.us, by January 6, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends language to allow trainers to use employees or other licensed personnel in saddling.

Reasons Supporting Proposal: Trainers that may be physically unable to saddle would be able to designate an employee or other that may be able to saddle and the trainer would be present to supervise.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

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.

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.

AMENDATORY SECTION(Amending WSR 17-05-059, filed 2/10/17, effective 3/13/17)

WAC 260-28-200Trainer—Paddock duties.

(1) A trainer must have his or her horse in the receiving barn or paddock at the time appointed.

(2) A trainer, their assistant trainer, or substitute trainer, must attend his or her horse in the paddock, and must be present to ((saddle))conduct, or directly supervise, the saddling of the horse((, unless he/she has obtained the permission of a steward to send another licensed trainer as a substitute)).

(a) If a trainer or assistant trainer directly supervises the saddling of the horse, only licensees that have demonstrated the skills required and have been approved by a commission appointed designee may physically saddle the horse. The trainer will be required to pay a L&I premium if the licensee which performs the duties is not a registered employee of the trainer or the owner of the horse.

(b) An owner may be approved to saddle, but may only saddle horses in which they have an ownership interest.

(3) In all claiming races, protective wraps and boots must be removed immediately after the horse has been saddled for the race.

AMENDATORY SECTION(Amending WSR 07-07-010, filed 3/8/07, effective 4/8/07)

WAC 260-40-110Horse must be in care of and saddled by a licensed trainer.

(1) No person may start a horse in a race unless the horse is under the care of a trainer licensed at the race meet.

(2) No horse may start in a race unless the licensed trainer, or an approved substitute as provided in WAC 260-28-200, saddles the horse. The stewards may approve a substitute trainer who may saddle the horse in an emergency situation.