WSR 04-20-035



[ Filed September 29, 2004, 2:11 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-16-111.

Title of Rule and Other Identifying Information: WAC 260-28-020 Stable names, 260-36-020 Jockeys, apprentices, owners and trainers, 260-36-030 Veterinarians and platers, 260-36-040 Personnel other than owners, trainers, and jockeys, 260-36-080 Duration of license, 260-36-085 License and fingerprint fees (new section), 260-36-090 Duplicate license cards, 260-36-100 Photographs and fingerprints, and 260-60-300 Prospective owner.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on November 18, 2004, at 10:00 a.m.

Date of Intended Adoption: November 18, 2004.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by November 1, 2004.

Assistance for Persons with Disabilities: Contact Patty Sorby by November 15, 2004.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current license and registration fees fail to cover the true cost of administration as required by RCW 67.16.020(1). In order to meet the mandate of the law the commission plans to amend all the licensing rules in Title 260 WAC to increase license and registration fees to capture the true costs of administration. This will include amending the following rules by removing any reference to a specific fee amount: WAC 260-28-020 Stable names, 260-36-020 Jockeys, apprentices, owners, trainers, 260-36-030 Veterinarians and platers, 260-36-040 Registration of personnel other than owners, trainers and jockeys, 260-36-090 Duplicate license cards, and 260-60-300 Prospective owner. In addition, amendments will be made the [to] WAC 260-36-080, to assist our stakeholders in licensing issues between race seasons, and a new section is being added to chapter 260-36 WAC (WAC 246-36-085 License and fingerprint fees) to list license fees for all types of licenses in one rule. Finally, the commission plans to use fingerprints to conduct background checks to determine the suitability of persons to participate in horse racing. In order to cover the costs associated with the submission of fingerprints to the Federal Bureau of Investigation the commission also intends on amending WAC 260-36-100 Photographs and fingerprints.

Statutory Authority for Adoption: RCW 67.16.020.

Statute Being Implemented: RCW 67.16.020(1).

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.

September 28, 2004

R. M. Leichner

Executive Secretary


AMENDATORY SECTION(Amending Order 79-06, filed 12/17/79)

WAC 260-28-020   Stable names -- Registration fees and restrictions.   Each stable name must be duly registered with the commission.

(1) ((The annual fee in Washington shall be $25.00.

(2))) In applying to race under a stable name the applicant must disclose the identity or identities behind a stable name. If a partnership is involved in the identity behind a stable name, the rules covering partnerships must be complied with.

(((3))) (2) Changes in identities must be reported immediately to and approval obtained from the commission.

(((4))) (3) No person can use his real name for racing purposes so long as he has a registered one, without permission of the board of stewards.

(((5))) (4) A trainer who is a licensed owner or part owner may use a stable name as owner or part owner. However, no trainer may be licensed as trainer other than in his legal name.

(((6))) (5) Any person who has been registered under a stable name may, at any time, cancel it after he has given written notice to the commission.

(((7))) (6) A stable name may be changed at any time by registering a new stable name and by paying the fee as required above.

(((8))) (7) A person cannot register as his stable name one which has been registered by any other person with an association conducting a recognized meeting, or the Jockey Club (N.Y.) or with another racing authority.

(((9))) (8) A person may not register as his stable name one which is the real name of any owner of race horses, nor one which is the real or assumed name of any prominent person not owning race horses.

(((10))) (9) A stable name shall be plainly distinguishable from that of another duly registered stable name.

(((11))) (10) No stable name shall be used if in the judgment of the stewards it is being used for advertising purposes.

(((12))) (11) Any combination of more than three owners will be required to race under a stable name.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 80-01-034 (Order 79-06), 260-28-020, filed 12/17/79; Order 71-9, 260-28-020, filed 6/2/71; Rules of racing, 31, filed 3/11/65; subsection (4) amended, filed 8/26/65; 31, filed 4/21/61.]


AMENDATORY SECTION(Amending Order 89-03, filed 6/9/89)

WAC 260-36-020   Licenses required of jockeys, apprentices, owners, trainers.   All jockeys and apprentice jockeys must first secure occupational license before accepting a mount; no trial ride will be permitted without such occupational license, except as provided in WAC 260-32-020(1). Each owner and trainer must secure occupational license before entering a horse and the racing secretary shall be required to secure such occupational license number of owner and trainer making such entry. The license fee for jockeys, apprentices, owners, and trainers shall be for one year ((and shall be $15.00)).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-007 (Order 89-03), 260-36-020, filed 6/9/89; 86-09-072 (Order 86-02), 260-36-020, filed 4/21/86; 82-14-012 (Order 82-05), 260-36-020, filed 6/25/82; Rules of racing, 245, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 04-15-039, filed 7/12/04, effective 8/12/04)

WAC 260-36-030   Veterinarians and platers -- License required.   The license fee for veterinarians and platers shall be for one year ((and shall be fifteen dollars)). Veterinarians and platers must be approved by the commission before practicing their professions on the grounds of an association. Veterinarians licensed by the commission may apply for a trainer's license subject to the following conditions:

(1) The individual licensed by the commission as a veterinarian and trainer may treat, using veterinary methods, only those horses for which he/she is the trainer of record.

(2) The individual licensed by the commission as a veterinarian and trainer shall not practice veterinary medicine on any horse other than for which he/she is the trainer of record.

(3) During an emergency on the grounds of the racing association the individual licensed by the commission as a veterinarian and trainer may respond and assist at the scene of the emergency. Any veterinary treatment provided at the scene shall be reported in writing to the official veterinarian. The report shall include at a minimum the names of horses treated and treatment rendered.

[Statutory Authority: RCW 67.16.020. 04-15-039, 260-36-030, filed 7/12/04, effective 8/12/04. Statutory Authority: RCW 67.16.040. 91-24-085, 260-36-030, filed 12/4/91, effective 1/4/92. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-007 (Order 89-03), 260-36-030, filed 6/9/89; 86-09-072 (Order 86-02), 260-36-030, filed 4/21/86; 82-14-012 (Order 82-05), 260-36-030, filed 6/25/82; Rules of racing, 350, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 02-10-101, filed 4/30/02, effective 5/31/02)

WAC 260-36-040   Registration of personnel other than owners, trainers and jockeys -- Fee.   (1) Any person acting in an official capacity or any person employed on a race track shall be licensed or issued a temporary permit by the Washington horse racing commission for one year ((and the fee shall be $5.00)).

(2) Upon application by an association the Washington horse racing commission may issue a temporary permit for employment on the race track of a temporary employee. Such temporary permit shall be valid for employment in a nonrestricted area of the race track for a period not to exceed three days during a licensed live race meet or simulcast period in any calendar year. No temporary employee may work without a temporary work permit.

(a) A racing association shall provide to the Washington horse racing commission licensing department the name, date of birth and social security number of the temporary employee. The particular job or area where the temporary employee is to be assigned shall also be provided.

(b) Should an association desire to employ a temporary employee after the maximum three days allowed by the temporary permit such employee shall be required to obtain a regular occupational license issued by the Washington horse racing commission.

(3) Members and employees of the Washington horse racing commission shall be exempt from any license. Employees of the Washington horse racing commission shall be issued official and distinctive credentials, which shall include name, photograph and job identification or position. The identification or credentials issued to members or employees of the Washington horse racing commission shall bear the signature of the chairperson of the commission or such other person as may be designated by said chairperson. Identification credentials of members or employees of the Washington horse racing commission shall be displayed when required for entry to secured areas of the race track and at any other time official recognition is necessary or required.

[Statutory Authority: RCW 67.16.040. 02-10-101, 260-36-040, filed 4/30/02, effective 5/31/02. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-007 (Order 89-03), 260-36-040, filed 6/9/89; 87-15-019 (Resolution No. 87-02), 260-36-040, filed 7/8/87; 86-09-072 (Order 86-02), 260-36-040, filed 4/21/86; 82-14-012 (Order 82-05), 260-36-040, filed 6/25/82; Rules of racing, 343, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 94-04-002, filed 1/20/94, effective 2/20/94)

WAC 260-36-080   Duration of license.   Every ((permit or)) license issued by the commission shall expire on December 31st of the year for which it was issued((; Provided, however,)) except as provided below.

(a) ((all permits or)) A license((s)) shall be considered expired if the licensee is no longer performing the duties for which he or she was licensed, or, if applicable, the licensee is no longer employed by the employer who hired the licensee;

(b) The commission may, at its sole discretion, reinstate an expired license ((in cases where)) if the licensee is reemployed prior to December 31st of the year in which the license was issued((, or extend a license in cases where a license has been));

(c) The commission may establish an expiration date beyond December 31st if the license is being issued for a single race meeting which spans two calendar years;

(d) On recommendation of the executive secretary to the commission, the commission may extend the duration of a license of a class 1 racing association employee from December 31st of the year in which the license was issued to March 1st of the following year.

[Statutory Authority: RCW 67.16.040. 94-04-002, 260-36-080, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 67.16.020 and 67.16.040. 86-09-072 (Order 86-02), 260-36-080, filed 4/21/86; Rules of racing, 345, filed 4/21/61.]

WAC 260-36-085   License and fingerprint fees.   The following are the annual license fees for any person actively participating in racing activities:

Apprentice jockey $70.00
Assistant trainer $60.00
Association employee -- management $30.00
Association employee -- hourly/seasonal $10.00
Authorized agent $60.00
Bloodstock agent $20.00
Clocker $20.00
Daycare employees $10.00
Equine physical therapist $40.00
Exercise person $10.00
Groom $10.00
Honorary licensee $10.00
Jockey agent $50.00
Jockey $70.00
Other $20.00
Owner $70.00
Plater $40.00
Pony person $10.00
Prospective owner $70.00
Stable license $100.00
Trainer $70.00
Vendor $20.00
Veterinarian $70.00
Volunteer $10.00

In addition to the above fees, a $10.00 fee will be added to cover the costs of conducting a fingerprint-based background check. The background check fee will be assessed only once annually regardless of the number of different types of licenses an individual possesses.


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-36-100   ((Photographs and)) Fingerprints and photographs.   Every person ((holding a permit to conduct parimutuel wagering in this state and every person who is a member of an association holding such a permit and every person who is an officer or director of a corporation which holds such a permit, and every employee of the holder of such permit in any capacity connected to any extent with the parimutuel wagering business in this state, and all trainers, jockeys, apprentices, grooms, exercise boys, managers, agents, blacksmiths, veterinarians, and like persons who actively participate in the racing activities of any such permit holders,)) applying for a license to actively participate in racing shall furnish the commission((, on demand, for its files,)) his or her fingerprints and photograph((, which fingerprints and photograph shall be taken at such time and places and in such manner as the commission may from time to time direct and prescribe)) upon making an initial application for a license and at least once every three years thereafter. However, the commission, in its discretion, may require fingerprints from any applicant or licensee at any time.

[Rules of racing, 349, filed 4/21/61.]



     The following section of the Washington Administrative Code is repealed:
WAC 260-36-090 Duplicate license cards.


AMENDATORY SECTION(Amending WSR 96-12-008, filed 5/23/96, effective 6/23/96)

WAC 260-60-300   Who may claim.   Who may claim: Owner, authorized agent or prospective owner possessing a claiming certificate.

(1) In claiming races, any horse is subject to be claimed for its entered price by any owner at that meeting or by a licensed authorized agent for the account of such owner. For the purpose of this rule an "owner" shall be deemed to be an owner as defined in WAC 260-12-010. Furthermore, such owner shall be registered in good faith for racing and has had a horse or horses occupying assigned stall space for the race meeting. The right to claim shall not be forfeited even though all horses occupying such stall space may have been eliminated.

(2) In addition to the above rule, any horse is subject to be claimed by a person or a licensed authorized agent for the account of such person, providing such person has applied to and has been approved by the commission as a prospective owner and has been issued a claiming certificate. The names of persons obtaining a claiming certificate shall be prominently displayed in the offices of the commission and the racing secretary. Once the prospective owner has successfully claimed a horse he/she must secure an owner's license on a timely basis. An applicant for a claim certificate shall submit to the Stewards:

(a) A completed application for a claiming permit and the (($25)) licensing fee;

(b) The name of a licensed trainer who will assume the care and responsibility for any horse claimed;

(c) The stewards shall issue a claim certificate upon satisfactory evidence that the applicant is eligible for an owner's license;

(d) The claim certificate shall expire with the conclusion of the race meeting at which it was issued, or upon the claim of a horse, or upon issuance or denial of an owner's license, whichever comes first;

(e) A claim certificate may be renewed by the stewards during the same year with no additional fee;

(f) A claiming certificate may be issued to a person who had been licensed as an owner during a previous race meet.

[Statutory Authority: RCW 67.16.040. 96-12-008, 260-60-300, filed 5/23/96, effective 6/23/96.]

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