Preproposal statement of inquiry was filed as WSR 97-24-011.

Title of Rule: WAC 260-52-070 Declaring race "official."

Purpose: To utilize the "fast official" method of declaring a race official whereby jockeys claim of foul while still mounted and on the race track.

Statutory Authority for Adoption: RCW 67.16.040.

Summary: To be able to declare the race official in a more timely manner.

Reasons Supporting Proposal: To bring into conformance with suggested uniform model rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bruce Batson, Olympia, Washington, (360) 459-6462.

Name of Proponent: Washington Horse Racing Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The commission may authorize a racing association to employ a fast official method of declaring a race official whereby jockeys claim foul while still mounted and on the race track providing a written request from the racing association is received at least thirty days prior to the opening of the race meeting. Institution of this rule will allow the race to become official in more timely manner.

Proposal Changes the Following Existing Rules: Add language to existing WAC 260-52-070 to allow for the fast official method to be utilized.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The enactment above is not anticipated to affect more than twenty percent of all industries nor more than ten percent of any one industry as defined by section 2(3), chapter by [6], Laws of 1982. Therefore, a small business [economic] impact statement has not been prepared.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: City Council Chambers, 26 West Main, Auburn, WA 98001, on September 15, 1998, at 10:00 a.m.

Submit Written Comments to: Bruce Batson, Executive Secretary, Washington Horse Racing Commission, fax (360) 459-6461, by September 11, 1998.

Date of Intended Adoption: September 15, 1998.

August 5, 1998

Bruce Batson

Executive Secretary

WAC 260-52-070  Declaring race "official." (1) The clerk of the scales shall weigh in all jockeys after each race, and after weighing, shall notify the stewards if the weights are correct. The stewards may then declare the race official. However, the commission may authorize a racing association to employ a "fast official" method of declaring a race official whereby jockeys claim foul while still mounted and on the race track providing, a written request from the racing association is received at least thirty days prior to the opening of the race meeting. Such a request shall detail proposed procedures to be followed for weighing in and declaring a race official.

(2) Nothing in these rules shall be construed to prevent the placing judges, with the approval of the stewards, from correcting an error before the display of the sign "official" or from recalling the sign, "official" in case it has been displayed through error.

[Rules 205 and 206, filed 4/21/61.]