WSR 07-07-100

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed March 19, 2007, 11:14 a.m. ]

     Supplemental Notice to WSR 07-07-048.

     Preproposal statement of inquiry was filed as WSR 07-02-036.

     Title of Rule and Other Identifying Information: Chapter 260-12 WAC, General rules.

     Hearing Location(s): Marcus Whitman Hotel and Conference Center, 6 West Rose Street, Walla Walla, WA 99362, on May 18, 2007, at 9:30 a.m.

     Date of Intended Adoption: May 18, 2007.

     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 May 14, 2007.

     Assistance for Persons with Disabilities: Contact Patty Sorby by May 14, 2007, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 260-12 WAC, General rules, is being updated into clearer and more understandable language. In addition, the section on definitions is being updated and sections no longer applicable are being repealed.

     Reasons Supporting Proposal: Part of the agency's regulatory reform effort.

     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.

March 19, 2007

R. J. Lopez

Deputy Secretary

OTS-9519.5


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

WAC 260-12-001   ((Promulgation.)) Intent.   ((Chapter 55, Laws of 1933, created and established the Washington horse racing commission, and vested said commission with full powers to prescribe rules, regulations and conditions under which all horse racing, upon the result of which there shall be wagering, shall be conducted within the state of Washington.

     The rules of racing as adopted and herein set forth are published and declared the rules and regulations of racing for the state of Washington. They have been compiled with the hope that they will promote racing on a high plane and encourage the breeding and ownership of thoroughbred horses in this state.

     Anyone who enters or causes a horse to run, or who owns a share of any horse which takes part in any race held at a meeting conducted under a license from the Washington horse racing commission, or any corporation, association, official or person participating in any such meeting in any capacity, is expected to be conversant with and to comply with the present rules governing racing.

     Such persons, corporations and associations hereby agree to submit, without any reservation, to all the rules and consequences resulting therefrom.


WASHINGTON HORSE RACING COMMISSION


Will Bachofner, Chairman,
Robert Mead, Commissioner,
     Warren Chinn, Commissioner,
Blaine Johnson, Secretary.))
The rules adopted by the Washington horse racing commission will be known as the "rules of racing." They have been compiled with the intent to promote integrity in racing and to encourage the breeding and ownership of thoroughbred horses in this state.

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


AMENDATORY SECTION(Amending Order 81-06, filed 7/10/81)

WAC 260-12-010   Definitions.   ((In applying the rules herein set forth and all amendments thereof the following definitions, constructions and interpretations shall apply, except where otherwise indicated in said rules:

     (1) Age of a horse is reckoned as beginning on the first day of January in the year in which the horse is foaled.

     (2) "Arrears" shall mean all moneys due for entrance forfeits, fees (including jockey's, etc. fees), forfeitures, subscriptions, stake, purchase money in claiming races, and also any default in money incident to the rules.

     (3))) The definitions in this section apply throughout these rules unless the context requires otherwise.

     (1) "Added money." Money added to the purse of a race by the association, or other fund, in the amount paid by owners for nominations, entry, and starting fees.

     (2) "Allowance race." An overnight race for which there is no claiming price established.

     (3) "Also eligible."

     (a) A number of eligible horses, properly entered, which were not drawn for inclusion in a race, but which become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline; or

     (b) In a trial race, the next preferred contestant that is eligible to participate when an entry is scratched, pursuant to the written conditions of the race.

     (4) "Apprentice jockey." A jockey who has not won a certain number of races within a specific period of time who is granted an extra weight allowance as provided in WAC 260-32-370(9).

     (5) "Apprentice allowance." A weight allowance given to an apprentice jockey ranging from five to ten pounds.

     (6) "Authorized agent." ((shall mean)) A person appointed by a written ((instrument)) document signed ((and acknowledged before a notary public)) by the owner ((and filed in accordance with the rules)) with authority to act for the owner.

     (((4))) (7) "Association." ((shall mean)) Any person or persons, associations, or corporations licensed by the commission to conduct ((racing for any stake, purse or reward)) parimutuel wagering on a race meet.

     (((5) "Breeder" of a horse shall mean the owner of its dam at the time of foaling.

     (6) "Breeding place" shall mean the place of horse's birth.

     (7) "Calendar day" shall mean twenty-four hours ending at midnight.

     (8) "Declaration" shall mean the act of withdrawing an entered horse from a race before the closing of overnight entries.

     (9) "Entry" shall mean according to the requirement of the text (a) a horse made eligible to run in a race, (b) two or more which are entered or run in a race owned by the same owner or trained by the same trainer.

     (10) "Equipment," as applied to a horse, shall mean whips, blinkers, tongue straps, muzzle, nosebands, bits, shadow rolls, martingales, breast plates, bandages, boots and plates.

     (11) "Forfeit" shall mean money due because of an error, fault, neglect of duty, breach of contract, or a penalty.

     (12) "Grounds" shall mean all real property owned or leased by an association used in the conduct of a race meet.

     (13) "Horse" includes filly, mare, colt, horse, gelding or ridgling.

     (14) "Jockey" shall mean a race rider, whether a licensed jockey, apprentice or amateur.

     (15) "Maiden" shall mean a horse which at the time of starting has never won a race on the flat in any country, at a track which is covered by a recognized racing publication showing the complete results of the race. A maiden which has been disqualified after finishing first is still to be considered a maiden.

     (16) "Meeting" shall mean the entire consecutive period for which license to race has been granted to any one association by the commission.

     (17) "Month" shall mean a calendar month.

     (18) "Nominator" shall mean a person in whose name a horse is entered for a race.

     (19) "Owner" includes sole owner, part owner or lessee of a horse. An interest only in the winnings of a horse does not constitute part ownership.

     (20) "Place" in racing shall mean first, second or third and in that order is called "win," "place," and "show."

     (21) "Post position" shall mean the position assigned to the horse at the starting line of the race.

     (22) "Post time" shall mean the time set for the arrival at the starting point of the horses in a race and must be shown a reasonable time prior to the race on a clock device, provided for that purpose, prominently displayed and clearly readable from the grandstand.

     (23) "Race" shall mean a contest between horses for purse, stakes, or reward on any licensed course and in the presence of judge or judges. A race which overfills may be contested in two or more divisions.

     (a) "Claiming race" shall mean a race in which any horse entered therein may be claimed in conformity with the rules.

     (b) "Free handicap" shall mean a handicap in which no liability for entrance money is incurred.

     (c) "Handicap" shall mean a race in which the weights to be carried by the entered horses are adjusted by a handicapper or board of handicappers for the purpose of equalizing their respective chances of winning.

     (d) "Highweight handicap" shall mean a handicap in which the weight assigned to the top horse in that handicap is not less than 140 pounds.

     (e) "Match" shall mean a private sweepstakes between two horses which are the property of two different owners. If prior to the running of the race either of the horses entered in the match dies, or if either owner dies the match is void. It remains a match even if money or any other award is added to the stakes.

     (f) "Optional claiming race" shall mean a race restricted to horses entered to be claimed for a stated claiming price and to those which have started previously for that claiming price or less. In the case of horses entered to be claimed in such a race, the race will be considered, for the purposes of these rules, a claiming race.

     (g) "Overnight race" shall mean a race for which entries close seventy-two hours, or less, before the time set for the first race of the day on which such race is to be run.

     (h) "Owner's handicap" shall mean a race wherein the owner fixes, at the time of entry, the weight his horse is to carry.

     (i) "Post race" shall mean a race in which the subscribers announce at declaration time the horse, or horses, each intends to start, without limitations of choice other than prescribed by the rules and conditions of the race.

     (j) "Private sweepstakes" shall mean a race to which no money or other prize is added, and which, previous to closing, has not been advertised, either by publication, or by circular or entry blank, or in any other way.

     (k) "Produce race" shall mean a race to be run for by the produce of horses named or described at the time of entry.

     (l) "Purse race" shall mean a race for money or any other prize to which the owners of the horses engaged do not contribute.

     (24) "Race day" shall mean any period of twenty-four hours beginning at midnight and included in the period of a race meeting and in the matter of penalties the word "day" means a "calendar day."

     (25) "Recognized meeting" shall mean any meeting wherever held under the sanction of a turf authority having reciprocal relations with the commission and other turf authorities (approved by said commission) for the mutual enforcement of rulings imposed on persons guilty of fraudulent turf practices of any kind.

     (26) "Rules" shall mean the rules herein prescribed and any amendments or additions thereto.

     (27) "Scratch" shall mean the act of withdrawing an entered horse from the race after the closing of overnight entries.

     (28) "Scratch time" shall mean the time set by the association for the closing of applications for permission to withdraw from races of that day.

     (29) "Stake race" or "sweepstakes" shall mean a race for which nominations close more than seventy-two hours in advance of its running and for which subscribers contributed money toward its purse, or a race for which horses are invited by an association to run for a guaranteed purse of thirty thousand dollars or more without payment of stakes.

     (30) "Starter." A horse is a "starter" for a race when the stall doors of the starting gate open in front of it at the time the starter dispatches the horses.

     (31) "Stewards" shall mean the stewards of the meeting or their duly appointed deputies.

     (32) "Subscription" shall mean the act of nominating to a stake race.

     (33) "Untried horse" shall mean a horse whose produce are maidens.

     (34) "Walk over" shall mean a situation in which two horses in entirely different interest do not run in a race.

     (35) "Weight for age" shall mean standard weight according to the rules. A "weight for age" race is one in which all horses carry weight according to the scale without penalties or allowances.

     (36) "Year" shall mean a calendar year.)) (8) "Association grounds." All real property utilized by the association in the conduct of its race meeting, including the race track, grandstand, concession stands, offices, barns, stable area, and parking lots and any other areas under the jurisdiction of the commission.

     (9) "Bar shoe." A special shoe with a solid bar that runs across the rear of the shoe for extra protection.

     (10) "Bit." The metal mouthpiece on a bridle used to guide and control a horse.

     (11) "Bleeder." A horse that demonstrates exercise induced pulmonary hemorrhaging.

     (12) "Blinkers." A hood with different size cups to limit the peripheral vision of a horse.

     (13) "Breakage." The remaining cents after parimutuel payoffs are rounded down to a dime or nickel.

     (14) "Breeder." For thoroughbreds, the breeder is the owner of the horse's dam at the time of foaling. For quarter horses, appaloosas, arabians and paint horses, the breeder is the owner of the dam at the time of service.

     (15) "Claiming." The act of buying a horse out of a race for a specific price.

     (16) "Claim box." A box in a specified location where a claim must be deposited to be valid.

     (17) "Claiming race." Races in which horses are entered subject to being claimed for a specified price.

     (18) "Clerk of scales." An official who weighs the jockeys prior to and after each race.

     (19) "Clocker." An official that times horses when horses are performing a workout.

     (20) "Colors." Racing silks with owners' distinct designs and color worn by jockeys while racing.

     (21) "Colt." Male horse under the age of five.

     (22) "Commission."

     (a) The five-member commission established by RCW 67.16.012; or

     (b) The state agency known as the Washington horse racing commission.

     (23) "Condition book." A book issued by the racing secretary with specific eligibility conditions for scheduled races.

     (24) "Coupled entry." Two or more horses running as a single betting interest for parimutuel wagering purposes.

     (25) "Daily double." Type of wager calling for the selection of the winner of two consecutive races.

     (26) "Dead heat." Two or more horses in an exact tie at the finish line.

     (27) "Eligible." A horse that is qualified to start in a race as established by the racing secretary's conditions.

     (28) "Engagement." A commitment given by a jockey or his/her agent to accept a mount in a specified race.

     (29) "Entry."

     (a) A horse eligible for and entered in a race.

     (b) Two or more horses which are entered or run in a race with common ownership.

     (30) "Equipment." Tack carried or used on a racehorse including whips, blinkers, tongue ties, muzzle, nosebands, bits, shadow rolls, martingales, breast plates, bandages, boots and plates.

     (31) "Exacta." A wager involving selecting the first two finishers in a race in exact order.

     (32) "Exercise rider." A person licensed by the commission to ride horses for the purpose of exercising.

     (33) "Field." The total horses scheduled to run in a race.

     (34) "Filly." A female horse age four or under.

     (35) "Front leg wraps." Bandages that extend at least four inches up the horse's front legs for support.

     (36) "Furlong." One-eighth of a mile, two hundred twenty yards, or six hundred sixty feet.

     (37) "Furosemide." Generic term for a medication used for the treatment of bleeders.

     (38) "Furosemide list." A list of horses maintained by the official veterinarian eligible to race in this jurisdiction on furosemide.

     (39) "Gelding." A male horse that has been castrated.

     (40) "Groom" A person licensed by the commission who is employed by a licensed trainer to care for the trainer's horses.

     (41) "Handicap."

     (a) A race in which the racing secretary designates the weight to be carried for each horse.

     (b) Making wagering selections on the basis of a horse's past performances.

     (42) "Handle." Total amount of money wagered in the parimutuel pool for a race, race card, or a race meet.

     (43) "Horse."

     (a) A registered filly, mare, colt, horse, gelding or ridgling of a breed that is eligible to race in the state of Washington.

     (b) Any male horse five years old or older.

     (44) "Inquiry." A review of a race conducted by the board of stewards to determine if a racing violation was committed.

     (45) "Jockey." A person licensed by the commission to ride a horse in a race meet, whether a jockey or an apprentice jockey.

     (46) "Jockey fee." The money paid to a jockey for riding in a race.

     (47) "Maiden." A horse, which at the time of starting in a race, has never won a race on the flat in any country, at a track which is covered by a recognized racing publication showing the complete results of the race. A maiden who has been disqualified after finishing first is still considered a maiden.

     (48) "Mare." A female horse five years old or older, or a female horse of any age, which has been bred at anytime in its life.

     (49) "Meet." The dates for live racing that have been approved by the commission. (Also refer to RCW 67.16.010.)

     (50) "Minus pool." A mutuel pool caused when one horse is heavily bet and after all mandatory deductions there is not enough money in the pool to pay the legally prescribed minimum on each winning wager.

     (51) "Morning line." A handicapper's approximate odds quoted in the program.

     (52) "Mutuel field." A group of horses, with no common ties, coupled by the association for wagering purposes in a single race.

     (53) "Net pool price calculations." The method of calculating the parimutuel pools when international pools are conducted (WAC 260-48-800).

     (54) "Nerved" or "heel nerved." A horse upon which a digital neurectomy has been performed.

     (55) "Nomination." The naming of a horse to a certain race or series of races generally accompanied by payment of a prescribed fee.

     (56) "Objection." When a claim of foul is lodged by a jockey, owner, or trainer following the running of the race.

     (57) "Official."

     (a) When the board of stewards has determined that the order of finish of a race is correct for the mutuel payouts.

     (b) An individual designated to perform functions to regulate a race meet.

     (58) "Off-track betting." Parimutuel wagering on horse races conducted at a location other than the racing association's grounds, often referred to as a satellite location.

     (59) "Optional claiming race." A race offered in which horses may be entered either for a claiming price or under specific allowance conditions.

     (60) "Overnight race." A contest for which entries close at a time set by the racing secretary.

     (61) "Overweight." Extra weight carried by the jockey that is greater than the listed weight in the official program.

     (62) "Owner." Any person licensed by the commission with an ownership interest in a horse, including a lessee. An interest only in the winnings of a horse does not constitute part ownership.

     (63) "Owners' bonus." A percentage of the gross mutuel pool the association is required by RCW 67.16.102 to withhold to be paid to owners of Washington bred horses at the conclusion of the meet based on the owner's horse finishing first, second, third or fourth.

     (64) "Paddock." Enclosure or area where horses are saddled prior to the post parade.

     (65) "Paddock judge." An official who monitors the saddling of the horses before a race to ensure consistent equipment on each horse and supervises the paddock.

     (66) "Penalty weight." Additional weight to be carried by the horse as stated in the condition book.

     (67) "Pick six." A type of wager requiring the patron to select the winners of six consecutive races.

     (68) "Pick three" or "pick four." A type of wager requiring the patron to select the winners of three or four consecutive races.

     (69) "Place." To finish second in a race.

     (70) "Poles." Markers positioned around the track indicating the distance to the finish line.

     (71) "Post." The starting position on the track.

     (72) "Post parade." Horses passing in front of the stewards stand and public prior to warming up for the race.

     (73) "Post position." Position assigned to the horse to break from the starting gate determined by lot at the time of the draw of the race.

     (74) "Post time." The scheduled time for the horses to arrive at the starting gate for a race.

     (75) "Purse." The amount of prize money offered by the racing association for each race.

     (76) "Quinella." A wager in which the patron selects the first two finishers regardless of order.

     (77) "Racing plates." Shoes designed for racehorses, usually made of aluminum.

     (78) "Racing secretary." An official who drafts conditions of each race and accepts entries and conducts the post position draw of the races.

     (79) "Receiving barn." Structure where horses may be identified prior to proceeding to the paddock.

     (80) "Recognized meet." Any race meet involving parimutuel wagering held under the sanction of a racing authority.

     (81) "Scale of weights." Fixed weight assignments to be carried by horses according to age, sex, distance, and time of year.

     (82) "Scratch." Withdrawing an entered horse from the race after the closing of entries.

     (83) "Scratch time." The established deadline for the withdrawal of entries from a scheduled performance.

     (84) "Sex allowance." Weight allowance given to fillies and mares when competing against males.

     (85) "Show." To finish third in a race.

     (86) "Simulcast." Broadcasting a live race from another racing association for purposes of parimutuel wagering on that race, or sending a broadcast of a live race to another racing association for purposes of parimutuel wagering on that race.

     (87) "Stake race." A race for which nominations close more than seventy-two hours in advance of its running and for which owners or nominators contribute money toward its purse, or a race for which horses are invited by an association to run for a guaranteed purse of thirty thousand dollars or more without payment of nomination, entry, or starting fees.

     (88) "Stallion." A male horse which can be used for breeding purposes.

     (89) "Standard price calculations." A method of calculating the parimutuel payoffs used mostly when calculating pools nationally.

     (90) "Starter."

     (a) A horse is a "starter" for a race when the stall doors of the starting gate open in front of it at the time the starter dispatches the horses; or

     (b) An official responsible for dispatching the horses from the starting gate.

     (91) "Starter's list." A list, maintained by the official starter, of horses that have been unruly when loading in the starting gate. Horses on the starter's list are ineligible to enter.

     (92) "Starter race." An allowance or handicap race restricted to horses who have started for a specific claiming price or less.

     (93) "Stewards." The officials designated by the commission responsible for enforcing the rules of racing.

     (94) "Stewards' list." A list, maintained by the stewards, of horses which are ineligible to enter for various reasons, e.g., poor performance, ownership disputes, etc.

     (95) "Test barn." The enclosure to which selected horses are taken for post race testing.

     (96) "Tongue tie." Bandage or other apparatus used to tie a horse's tongue to prevent the horse from rolling it back and restricting its airway.

     (97) "Trifecta." A wager picking the first three finishers in exact order in a specific race.

     (98) "Turf course." A racing surface comprised of grass.

     (99) "Veterinarian's list." A list of horses ineligible to enter due to sickness, lameness, or other conditions as determined by an official veterinarian.

     (100) "Washington bred." A horse that was foaled in the state of Washington.

     (101) "Weigh-in." The clerk of scales weighing of a jockey immediately follows the race.

     (102) "Weigh-out." The clerk of scales weighing of a jockey prior to a race.

     (103) "Weight allowance." A reduction in weight to be carried by a horse as established by the conditions for each race.

     (104) "Workout." An official workout of a horse as required in WAC 260-40-100 to make a horse eligible to run in a race.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 81-15-034 (Order 81-06), § 260-12-010, filed 7/10/81; 81-08-013 (Order 81-01), § 260-12-010, filed 3/24/81; Rules of racing, Rule 1.22(22), filed 8/23/66; Rules of racing, §§ 1-1.47, filed 4/21/61; subsection (12) amended, filed 3/11/65; subsection (14) amended, filed 8/26/65.]


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

WAC 260-12-020   To whom rules apply.   (1) The rules of racing ((herein prescribed, and any amendments or additions thereto,)) apply to all persons, associations, partnerships, or corporations holding or conducting a ((meeting)) race meet within the state of Washington ((licensed by the commission where racing shall be permitted for any stake, purse or reward)) where the parimutuel wagering system is used.

     (2) ((The)) These rules ((shall)) also apply to any participant in, or patron of, any ((such licensed meetings)) race meet.

[Rules of racing, §§ 2, 3, filed 4/21/61.]


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

WAC 260-12-040   Licenses conditioned on observance.   Every license to hold a ((meeting)) race meet is granted upon the condition that the licensee ((shall)) will accept, observe, and enforce ((said)) the rules of racing. ((Furthermore, it shall be)) It is the duty of each ((and every)) officer, director, and every official and employee of ((said)) the licensee to ((observe and enforce)) comply with the rules of racing and to report violations to the commission.

[Rules of racing, § 5, filed 4/21/61.]


AMENDATORY SECTION(Amending Order 81-07, filed 8/25/81)

WAC 260-12-050   Execution, filing, of application for license.   Application to the ((Washington horse racing)) commission for a license to conduct a race ((meeting)) meet during the next succeeding season of racing must be filed with the executive secretary of the commission, ((over the signature of)) by an executive officer of the association not later than February 1st. Once a license is granted, the commission may ((at any time, upon a showing of good cause,)) extend, reduce or otherwise modify the dates over which a racing association may conduct a race meet pursuant to that license.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 81-18-020 (Order 81-07), § 260-12-050, filed 8/25/81; Rules of racing, § 6, filed 4/21/61.]


NEW SECTION
WAC 260-12-065   When are race dates required to be submitted for approval?   Racing associations must submit their proposed live racing dates to the commission at least ninety days before the date the racing association proposes to begin live racing. The commission will consider and determine whether to approve the dates at the next regularly scheduled commission meeting.

[]


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

WAC 260-12-070   The commission may refuse to issue license -- Criteria.   The commission may refuse to issue a license to conduct a race ((meeting when in its judgment such refusal shall appear to be for the best interest of legitimate racing and of the public)) meet. The commission will consider ((especially)) the following ((matters)) factors in making its decision:

     (1) Opportunity for the sport to properly develop;

     (2) Avoidance of competition with established tracks;

     (3) Extent of community support for the promotion and continuance of the tracks;

     (4) The character and reputation of the ((men)) individuals identified ((with)) in the ((undertaking)) license application; and

     (5) Any other relevant factors.

[Rules of racing, § 8, filed 4/21/61.]


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

WAC 260-12-080   Assignment of license -- Racing days.   No license or any part ((thereof shall be)) of a license is transferable or assignable in any manner ((or in any particular)) without the ((consent of the racing)) prior approval of the commission((, and it shall not be permissible of any racing days other than those stipulated)).

[Rules of racing, § 9, filed 4/21/61.]


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

WAC 260-12-100   Laws and rules ((paramount -- Misconduct, punishment)) supersede race conditions.   The laws of Washington and the rules promulgated by the commission supersede the conditions of a race((, or the regulations of a race meeting. The racing commission may punish independently any misconduct of any persons connected with racing)).

[Rules of racing, § 11, filed 4/21/61.]


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

WAC 260-12-110   Commission's right of entry.   Members of the commission and its ((designated representatives shall)) officials have the right of full and complete entry to any and all parts of the association grounds((, and mutuel plants of the association licensed to conduct horse racing)).

[Rules of racing, § 12, filed 4/21/61.]


AMENDATORY SECTION(Amending Order 77.1, filed 4/22/77)

WAC 260-12-115   Parimutuel equipment ((and apparatus)) subject to approval.   All equipment, ((devices or apparatus used to officially record, time, photograph, film or videotape the racing program, or)) used within the parimutuel department for the sale, calculation, display of odds, or ((encashment)) cashing of tickets, is subject to the approval of the commission.

[Order 77.1, § 260-12-115, filed 4/22/77.]


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

WAC 260-12-120   Commission offices and personnel.   Each association ((shall)) must provide within its grounds an office for the use((, and to be at the disposal)) of the commission ((and all)), its officials and employees. ((The commission shall have such employees or inspectors, who shall perform such duties as may be assigned to them by the commission.))

[Rules of racing, § 13, filed 4/21/61.]


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

WAC 260-12-150   Denial of admission to grounds -- Suspended persons and horses.   ((No person or horse ruled off, by or under suspension, by any recognized turf authority, trotting association, quarter horse association included, shall be admitted to the grounds of any association. For exception, see WAC 260-12-170.)) A person who is suspended or revoked by another recognized racing jurisdiction will not be admitted to the grounds of any racing association in Washington. A horse owned or trained by a person who is suspended or revoked will not be allowed on the grounds.

[Rules of racing, § 18, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-067, filed 3/10/06, effective 4/10/06)

WAC 260-12-180   Safety equipment required.   (1) When on association grounds, all persons on horseback ((shall)) must wear a securely fastened safety helmet 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.

     (2) All persons on horseback ((shall)) must wear a securely fastened safety vest that is designed to provide shock-absorbing protection of ((at least a rating of 5,)):

     (a) Level 1," as defined by the 2000 British Equestrian Trade Association (BETA) Horse Rider's Body and Shoulder Protectors; or

     (b) American Society for Testing and Materials/Safety Equipment Institute (ASTM/SEI) standard F1937-04 (Specification for Body Protectors Used in Horse Sports and Horseback Riding).

     (3) ((In addition,)) All persons on horseback ((shall)) must wear equestrian footwear that covers the rider's ankle with a minimum of a 1/2 ((to 3/4)) inch heel ((and that covers the rider's ankle)), except jockeys while riding in a race((, or while on their mount immediately prior to riding in a race, shall)) who must wear jockey boots as required by WAC 260-32-100.

     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 67.16.020 and 67.16.040. 06-07-067, § 260-12-180, filed 3/10/06, effective 4/10/06. 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.]


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

WAC 260-12-210   Post time of first race.   Post time of the first race each day at each ((meeting)) race meet must be approved by the commission.

[Rules of racing, § 323, filed 4/21/61.]


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

WAC 260-12-220   Race conditions ((and rewards)) to be ((filed)) provided.   Each association conducting racing ((on)) in Washington ((tracks shall file with the commission,)) must provide the stewards a copy of the conditions of races ((it)) the association proposes to hold, together with the stakes((, purse or rewards)) schedule.

[Rules of racing, § 324, filed 4/21/61.]


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

WAC 260-12-230   Information to be filed before opening ((of meeting)) a race meet.   ((In not)) No less than ten days before opening of a race ((meeting,)) meet each association licensed to conduct a race ((meeting or meetings on)) in Washington tracks ((shall)) must file with the commission:

     (1) ((A complete schedule of the rates of admission fees the association proposes to make at the meeting or meetings for which dates have been awarded.

     (2))) A financial statement of the association.

     (((3))) (2) A list of stockholders as of the date of ((application)) submission of the list and the amount of stock held by each. Any change in the ((personnel of)) officers or stockholders, or in the holdings of any individual stockholder of an association ((shall)) must be reported to the commission immediately. This rule ((shall)) will apply during the ((life)) entire term of any ((permit)) license granted by the commission.

     The commission may ((call for further data and)) require additional information in writing from the association, or it may ask the officers of any association to appear in person ((before it. There shall thereafter be no change made in any said admission fees except upon the desire changes being submitted to the commission in writing five days prior to the effective date of such changes)) to provide additional information.

[Rules of racing, § 326, filed 4/21/61.]


AMENDATORY SECTION(Amending Order 75-1, filed 2/18/75)

WAC 260-12-235   Accepted conditions of race meeting.   (((1) The commission, recognizing the necessity of an association to comply with the requirements of its license and to fulfill its obligation to the public and the state of Washington with the best possible uninterrupted services, in the comparatively short licensed period, herein provides that all associations, officials, horsemen, owners, trainers, jockeys, grooms, horseshoers, employees, and all licensees, who have accepted directly or indirectly, with reasonable advance notice, the conditions under which said association engages and plans to conduct such race meeting, shall be bound thereby.

     (2) Any association, officials, horsemen, owners, trainers, employees, and all licensees who so accept such conditions shall, before they terminate or discontinue their employment engagements or activities, give the commission and the association with whom they are engaged, at least fifteen days notice in writing of their intentions to terminate or discontinue their employment, engagements or activities under such conditions. The commission may upon notice to all parties of interest, conduct a hearing or hearings with respect to any termination or discontinuance of employment: Provided, however, That no group of licensees shall be required to comply with the notice requirements of this rule when track conditions are deemed to be unsafe or hazardous.)) The association is obligated to conduct parimutuel racing, except in the case of emergencies, on each race date allocated. The commission must approve any change in race dates. In the case of emergencies the stewards may authorize cancellation of all or a portion of any race day.

[Order 75-1, § 260-12-235, filed 2/18/75.]


AMENDATORY SECTION(Amending WSR 05-17-084, filed 8/12/05, effective 9/12/05)

WAC 260-12-250   Problem gambling information sign must be posted.   ((The legislature recognizes that some individuals in Washington state are problem or compulsive gamblers. Because the state promotes and regulates gambling through the activities of the lottery commission, gambling commission and horse racing commission, the state has the responsibility to continue to provide resources for the support of services for problem and compulsive gamblers. RCW 9.46.071 requires that the lottery commission, gambling commission and horse racing commission shall jointly develop informational signs concerning problem and compulsive gambling, and that signs shall be placed in establishments of horse racing licensees, gambling licensees and lottery retailers.))

     All Class A, B and C licensees ((shall)), including satellite locations, must post problem and compulsive gambling informational signs ((in locations of their establishments, including satellite locations, which are clearly visible in patron traffic areas)), which contain a toll-free help line number in locations of their establishments. The informational signs must be clearly visible to patrons, and must remain posted whenever parimutuel wagering is authorized. The informational signs will be provided to the licensee by the horse racing commission ((and will contain a toll-free hot line number for problem and compulsive gamblers)).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-17-084, § 260-12-250, filed 8/12/05, effective 9/12/05. Statutory Authority: RCW 67.16.040. 95-07-142, § 260-12-250, filed 3/22/95, effective 4/22/95.]


NEW SECTION
WAC 260-12-260   Disposition of Class C purse funds due to the cancellation of races.   (1) In the event a Class C race meet cancels races (due to weather or the inability to fill races) the unused purse funds provided under RCW 67.16.105 may, with approval, be used by the racing association to adjust purses for other races at the licensed race meet for which the purse funds were provided. If only one race is canceled per day, the stewards may approve an adjustment of purses. If more than one race is canceled, approval to adjust purses must come from the executive secretary.

     (2) The racing association must return the unused purse funds if adjustment of purses is not appropriate (for example - only one race is held during the race meet).

     (3) If the entire Class C race meet is canceled or if an adjustment to purses is not appropriate, all undistributed purse funds provided under RCW 67.16.105 must be returned to the commission within thirty days of cancellation of the race meet.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-12-030 Rules limited to Washington.
WAC 260-12-060 Application does not commit commission.
WAC 260-12-090 Amendment, etc., of rules.
WAC 260-12-170 Eligibility of horses of suspended person.
WAC 260-12-190 Racing hours.
WAC 260-12-200 Number of races per day.
WAC 260-12-240 Commission to approve distribution of passes, etc.

© Washington State Code Reviser's Office