WSR 08-05-087

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed February 15, 2008, 8:24 a.m. , effective March 17, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend sections in chapter 260-36 WAC that include the authority of the stewards and appropriate penalties for failing to complete the application/licensing process, and clarify section regarding industrial insurance premiums for exercise riders.

Citation of Existing Rules Affected by this Order: Amending WAC 260-36-085, 260-36-100, 260-36-200, 260-36-220, and 260-36-230.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 08-02-016 on December 21, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 5, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 14, 2008.

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 license fee for multiple licenses may not exceed $116.00, except persons applying for owner, veterinarian or vendor license must pay the license fee established for each of these licenses.

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.]


AMENDATORY SECTION(Amending WSR 07-01-052, filed 12/14/06, effective 1/14/07)

WAC 260-36-100   Fingerprints.   Every person applying for a license must furnish the commission his or her fingerprints upon making an initial application for a license and at least once every three years thereafter. However, the commission, executive secretary, stewards, or security investigators, in their discretion, may require fingerprints from any applicant or licensee at any time. If an applicant fails to furnish fingerprints, the stewards may suspend the license or deny, and/or assess a fine.

[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.]


AMENDATORY SECTION(Amending WSR 07-01-052, filed 12/14/06, effective 1/14/07)

WAC 260-36-200   Application for owner's license by trainer or other licensee.   (1) A trainer, or other licensee approved by the stewards, may submit an application for an owner's license on behalf of an owner. Upon submitting such application, the ((trainer)) licensee must pay all license fees and required labor and industries premiums.

(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.]


AMENDATORY SECTION(Amending WSR 07-01-051, filed 12/14/06, effective 1/14/07)

WAC 260-36-220   Industrial insurance premiums -- Additional premiums for stalls and horses started.   (1) At the time of licensing, a trainer must pay all the industrial insurance premiums established by labor and industries, unless exempted under WAC 260-36-240.

(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.]


AMENDATORY SECTION(Amending WSR 07-01-051, filed 12/14/06, effective 1/14/07)

WAC 260-36-230   Short duration industrial insurance coverage.   (1) Trainers entering horses to run in Washington races will be allowed to obtain short duration industrial insurance coverage under the following conditions:

(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.]

Washington State Code Reviser's Office