WSR 10-03-063



[ Filed January 15, 2010, 2:28 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-23-020.

Title of Rule and Other Identifying Information: WAC 260-44-120 Weighing in -- Weigh in/weigh out -- Tolerances -- Penalties, adopting the model rules to clarify the differences when a jockey weighs in and out.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 11, 2010, at 9:30 a.m.

Date of Intended Adoption: March 11, 2010.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by March 8, 2010.

Assistance for Persons with Disabilities: Contact Patty Sorby by March 8, 2010, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Explains how a jockey's weight may show additional weight than that listed while weighing in to allow for safety equipment, (helmet, vest, etc.). Also requires the associations to post in the program this explanation for the public's education.

Reasons Supporting Proposal: This complies with the recommended model rule for public records.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [Horse racing commission], governmental.

Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 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.

January 15, 2010

Douglas L. Moore

Deputy Secretary


AMENDATORY SECTION(Amending WSR 07-07-035, filed 3/12/07, effective 4/12/07)

WAC 260-44-120   Weighing in -- Weigh in/weigh out -- Tolerances -- Penalties.   (1) Each jockey will weigh in at no less than the same weight he/she weighed out. If a jockey is ((short of)) under the ((weigh out amount by more than two pounds)) weight that is assigned, and after consideration of mitigating circumstances by the board of stewards, his/her mount ((will)) may be disqualified. If a weight discrepancy arises after a race has been declared official, a change in the order of finish will not affect the parimutuel payoffs.

(2) ((If any jockey weighs in at more than two pounds over his/her proper or declared weight, the clerk of scales will report the overweight to the stewards for possible disciplinary action. In considering discipline the stewards will consider any excess weight caused by rain or mud.)) The post race weighing in of jockeys includes safety vest, helmet, sweat, dirt and mud that have accumulated on the jockey, jockey's clothing, and jockey's safety equipment. This may account for additional weight, depending on specific equipment as well as weather and track condition.

(3) A notice shall be included in the official program that all jockeys will carry approximately three pounds more than published weight to account for safety equipment (vest and helmet), that is not included in weighing out procedures. Additionally, upon approval jockeys may weigh an additional two pounds for inclement weather gear.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-035, 260-44-120, filed 3/12/07, effective 4/12/07; 06-07-063, 260-44-120, filed 3/10/06, effective 4/10/06. Statutory Authority: RCW 67.16.040. 99-05-049, 260-44-120, filed 2/12/99, effective 3/15/99. Rules of racing, 313, 314, filed 4/21/61.]

Washington State Code Reviser's Office