PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-22-069.
Title of Rule and Other Identifying Information: Chapter 260-36 WAC, Licensing.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on February 14, 2008, at 9:30 a.m.
Date of Intended Adoption: February 14, 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 February 8, 2008.
Assistance for Persons with Disabilities: Contact Patty Sorby by February 8, 2008, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: A number of sections in chapter 260-36 WAC need to be amended, including those that address the authority of the stewards and appropriate penalties for failing to complete the application/licensing process. The following sections in chapter 260-36 WAC are being amended: WAC 260-36-085 License and fingerprint fees, 260-36-100 Fingerprints, 260-36-200 Application for license by trainer, 260-36-220 Industrial insurance premiums, and 260-36-230 Short duration industrial insurance coverage.
Reasons Supporting Proposal: Amendment to WAC 260-36-085 waives fingerprint fees for Class C race meet volunteers; WAC 260-36-100 allows the stewards to discipline persons not submitting fingerprints as part of the application process, WAC 260-36-200 allows other licensees to submit application for an owner; and WAC 260-36-220 and 260-36-230 amend language to better clarify when industrial insurance premiums are required.
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 21, 2007
R. J. Lopez
Deputy Secretary
OTS-1237.2
AMENDATORY SECTION(Amending WSR 07-21-059, filed 10/12/07,
effective 11/12/07)
WAC 260-36-085
License and fingerprint fees.
The
following are the license fees for any person actively
participating in racing activities:
| Apprentice jockey | $76.00 |
| Assistant trainer | $36.00 |
| Association employee -- management | $25.00 |
| Association employee -- hourly/seasonal | $15.00 |
| Association volunteer nonpaid | No fee |
| Authorized agent | $25.00 |
| Clocker | $25.00 |
| Exercise rider | $76.00 |
| Groom | $25.00 |
| Honorary licensee | $15.00 |
| Jockey agent | $76.00 |
| Jockey | $76.00 |
| Other | $25.00 |
| Owner | $76.00 |
| Pony rider | $76.00 |
| Service employee | $25.00 |
| Spouse groom | $25.00 |
| Stable license | $47.00 |
| Trainer | $76.00 |
| Vendor | $116.00 |
| Veterinarian | $116.00 |
The following are examples of how this section applies:
Example one - A person applies for the following licenses: Trainer ($76.00), exercise rider ($76.00), and pony rider ($76.00). The total license fee for these multiple licenses would only be $116.00.
Example two - A person applies for the following licenses: Owner ($76.00), trainer ($76.00) and exercise rider ($76.00). The total cost of the trainer and exercise rider license would be $116.00. The cost of the owner license ($76.00) would be added to the maximum cost of multiple licenses ($116.00) for a total license fee of $192.00.
Example three - A person applies for the following licenses: Owner ($76.00), vendor ($116.00), and exercise rider ($76.00). The license fees for owner ($76.00) and vendor ($116.00) are both added to the license fee for exercise rider ($76.00) for a total license fee of $268.00.
In addition to the above fees, except for association volunteers (nonpaid) at Class C race meets, 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 per person regardless of whether the person applies for more than one type of license in that year.
The commission will review license and fingerprint fees annually to determine if they need to be adjusted to comply with RCW 67.16.020.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-21-059, § 260-36-085, filed 10/12/07, effective 11/12/07. Statutory Authority: RCW 67.16.020. 07-01-054, § 260-36-085, filed 12/14/06, effective 1/14/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, § 260-36-085, filed 2/9/06, effective 3/12/06. Statutory Authority: RCW 67.16.020. 04-24-019, § 260-36-085, filed 11/22/04, effective 12/23/04.]
[Statutory Authority: RCW 67.16.020. 07-01-052, § 260-36-100, filed 12/14/06, effective 1/14/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, § 260-36-100, filed 2/9/06, effective 3/12/06. Statutory Authority: RCW 67.16.020. 04-24-019, § 260-36-100, filed 11/22/04, effective 12/23/04. Rules of racing, § 349, filed 4/21/61.]
(2) Within fourteen days of the ((trainer's)) licensee's
submission of a license application on behalf of an owner, the
owner must complete the license application process by
providing fingerprints, a photograph, and any other
information required by the commission. If the owner fails to
complete the application process within ((the)) fourteen days,
the board of stewards may ((revoke)) suspend the owner's
license and/or assess a fine to the licensee found
responsible.
(3) No horse may start in a race if the horse is owned in whole or in part by an owner who has failed to complete the owner's application.
[Statutory Authority: RCW 67.16.020. 07-01-052, § 260-36-200, filed 12/14/06, effective 1/14/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, § 260-36-200, filed 2/9/06, effective 3/12/06; 05-09-045, § 260-36-200, filed 4/18/05, effective 5/19/05; 91-03-033, § 260-36-200, filed 1/9/91, effective 1/22/91.]
(2)(a) A trainer at a Class A or B track must pay ((an))
industrial insurance premiums ((for exercise riders)) based
upon the number of stalls the trainer has both on and off the
grounds of a racing association. ((The registration papers
filed in the race office may be used to determine the number
of stalls the trainer has on the grounds.)) All trainers at a
Class A or B track are required to pay at least one stall
premium at the time of licensing. As to stalls off the
grounds of a racing association, a trainer must count all
stalls that are used for horses subject to being ridden by
licensed exercise riders employed by the trainer, ((where
those)) if the exercise riders are ((subject)) to be covered
by Washington labor and industries industrial insurance
((coverage)) under the horse industry account.
(b) ((In the event the number of stalls a trainer has on
the grounds or the registration papers in the race office are
unavailable, the number of industrial insurance premiums for
exercise riders)) The calculations for number of stalls will
be based upon ((the number of)) stalls ((or papers in the race
office from the previous year)) allotted by the racing
association.
(c) The number of ((exercise riders for which)) stall
premiums that a trainer is required to pay ((industrial
insurance premiums)) will be determined as follows:
(i) For zero to twelve stalls a trainer must pay ((an
industrial insurance)) for one stall premium ((for one
exercise rider));
(ii) For thirteen to twenty-four stalls a trainer must
pay ((an industrial insurance)) for two stall premiums ((for
two exercise riders));
(iii) For twenty-five to thirty-six stalls a trainer must
pay ((an industrial insurance)) for three stall premiums ((for
three exercise riders)); and
(iv) For thirty-seven or more stalls a trainer must pay
((an industrial insurance)) for four stall premiums ((for four
exercise riders)).
(d) If any trainer increases the number of stalls, on or off the grounds, during the license year, the trainer is responsible to pay the additional stall premiums owed as provided in this section.
(3) ((The calculation of exercise rider industrial
insurance premiums for trainers at Class C racetracks is the
total number of horses listed under that trainer at all the
Class C racetracks.)) (a) A trainer at a Class C track must
pay industrial insurance horse-start premiums based upon the
number of different horses the trainer starts at the Class C
tracks during the calendar year. All trainers at a Class C
track are required to pay at least one horse-start premium.
(b) The number of ((exercise riders for which))
horse-start premiums a trainer is required to pay ((industrial
insurance premiums)) will be determined as follows:
(((a))) (i) For zero to twelve different horses
((listed)) started, a trainer must pay ((an industrial
insurance)) for one horse-start premium ((for one exercise
rider));
(((b))) (ii) For thirteen to twenty-four different horses
((listed)) started, a trainer must pay ((an industrial
insurance)) for two horse-start premiums ((for two exercise
riders));
(((c))) (iii) For twenty-five to thirty-six different
horses ((listed)) started, a trainer must pay ((an industrial
insurance)) for three horse-start premiums ((for three
exercise riders)); and
(((d))) (iv) For thirty-seven or more different horses
((listed)) started, a trainer must pay ((an industrial
insurance)) for four horse-start premiums ((for four exercise
riders)).
(((4) If any trainer increases the number of horses
listed or the number of stalls on or off the grounds during
the license year, the trainer must pay an additional exercise
rider industrial insurance premium owed as provided in this
section.)) (c) If, during the calendar year, a horse is
started by more than one trainer, that horse will count as a
different horse for each trainer for the purpose of
calculating the number of horse-start premiums required.
(d) The trainer is responsible to maintain their records of the number of different horses started, and to pay the additional horse-start premiums owed, when they increase the number of different horses started in a race as described in this section.
[Statutory Authority: [RCW 67.16.020.] 07-01-051, § 260-36-220, filed 12/14/06, effective 1/14/07.]
(a) Trainers who ship in to Class A or B race meets may
purchase short duration industrial insurance coverage for
seven consecutive calendar days. The trainer must pay twenty
percent of the trainer base premium, and twenty percent for
each groom slot obtained, assistant trainer hired, and each
((exercise rider)) industrial insurance stall premium as
required in WAC 260-36-220 (all rounded to the next whole
dollar). The base premium used for this calculation will be
the industrial insurance premiums for Class A or B race meets.
A trainer may only purchase Class A or B race meet short
duration coverage for three seven-day periods per calendar
year.
(b) Trainers who ship in to Class C race meets may
purchase short duration industrial insurance coverage for
seven consecutive calendar days. The trainer must pay twenty
percent of the trainer base premium, and twenty percent of
each groom slot obtained, assistant trainer hired, and each
((exercise rider)) industrial insurance horse-start premium as
required in WAC 260-36-220 (all rounded to the next whole
dollar). The base premium used for this calculation will be
the industrial insurance premiums for Class C race meets. A
trainer may only purchase Class C race meet short duration
coverage for three seven-day periods per calendar year. Class
C race meet short duration industrial insurance coverage is
not transferable to a Class A or B race meet.
(2) Before short duration coverage will be allowed, a trainer must obtain a license and pay all applicable license and fingerprint fees required in WAC 260-36-085. The trainer is also required to ensure that each groom, assistant trainer, pony rider, and exercise rider hired by the trainer has a proper license. A trainer may only employ persons on the grounds of the racing association who are properly licensed by the commission.
[Statutory Authority: [RCW 67.16.020.] 07-01-051, § 260-36-230, filed 12/14/06, effective 1/14/07.]