Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-20-032.

     Title of Rule and Other Identifying Information: WAC 260-12-010 Definitions.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on January 10, 2008, at 9:30 a.m.

     Date of Intended Adoption: January 10, 2008.

     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 January 7, 2008.

     Assistance for Persons with Disabilities: Contact Patty Sorby by January 7, 2008, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to add the following new definitions to this section: (1) Denial; (2) protest; (3) revocation; (4) suspension; and (5) walk over. In addition, the following definitions are being amended: (1) Pick 6 amended to Pick n; and (2) Pick 3 or Pick 4 amended to Pick 3.

     Reasons Supporting Proposal: Defines terms used in other sections in TITLE 260 WAC.

     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.

December 3, 2007

R. J. Lopez

Deputy Secretary

OTS-1245.1

AMENDATORY SECTION(Amending WSR 07-11-114, filed 5/18/07, effective 6/18/07)

WAC 260-12-010   Definitions.   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." A person appointed by a written document signed by the owner with authority to act for the owner.

     (7) "Association." Any person or persons, associations, or corporations licensed by the commission to conduct parimutuel wagering on a race meet.

     (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 an official 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) "Denial." The refusal to grant an applicant a license after the applicant has made application for a license, but prior to the individual performing the duties associated with the license.

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

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

     (((29))) (30) "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))) (31) "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))) (32) "Exacta." A wager involving selecting the first two finishers in a race in exact order.

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

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

     (((34))) (35) "Filly." A female horse four years and younger.

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

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

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

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

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

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

     (((41))) (42) "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))) (43) "Handle." Total amount of money wagered in the parimutuel pool for a race, race card, or a race meet.

     (((43))) (44) "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))) (45) "Inquiry." A review of a race conducted by the board of stewards to determine if a racing violation was committed.

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

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

     (((47))) (48) "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))) (49) "Mare." A female horse five years old or older.

     (((49))) (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.

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

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

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

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

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

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

     (((56))) (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.

     (((57))) (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.

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

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

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

     (((61))) (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.

     (((62))) (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.

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

     (((64))) (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.

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

     (((66))) (67) "Pick ((six)) n." A type of wager requiring the patron to select the winners of ((six)) a specified number of consecutive races.

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

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

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

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

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

     (((72))) (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.

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

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

     (((75))) (76) "Protest." A complaint filed regarding a horse running in a race that is filed in writing to the board of stewards.

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

     (((76))) (78) "Race meet." The dates of live horse racing that have been approved by the commission. (Also refer to RCW 67.16.010.)

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

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

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

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

     (((81))) (83) "Revocation." The cancellation of an existing license for a minimum of twelve months and up to an indefinite period of time (e.g., life-time). Individuals revoked are ineligible to reapply for a license during the period of revocation. Individuals revoked are banned from all facilities under the jurisdiction of the commission.

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

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

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

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

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

     (((86))) (89) "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))) (90) "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))) (91) "Stallion." A male horse which can be used for breeding purposes.

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

     (((90))) (93) "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))) (94) "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))) (95) "Starter race." An allowance or handicap race restricted to horses who have started for a specific claiming price or less.

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

     (((94))) (97) "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))) (98) "Suspension." The cancellation of license privileges for a set amount of time (not to exceed three hundred sixty-five days), or until specific conditions are met. Individuals suspended may reapply for a license at the end of their suspensions. Individuals applying for a license in the same race year are not required to pay license fees. Individuals suspended may be banned from all facilities under the jurisdiction of the commission.

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

     (((96))) (100) "Tongue tie." Bandage or other apparatus used to tie down a horse's tongue to prevent the tongue from getting over the bit, which can affect the horse's breathing and the jockey's ability to control the horse.

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

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

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

     (((100))) (104) "Walk over." A race that has only one participant.

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

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

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

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

     (((104))) (109) "Workout" or "official workout." An exercise at moderate to extreme speed for a predetermined distance of a horse as required in WAC 260-40-105 to make a horse eligible to be entered or run in a race.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-11-114, § 260-12-010, filed 5/18/07, effective 6/18/07; 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.]

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