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

     Purpose: Language is placed in this section as recommended by the ARCI model rule to explain the differences in a jockey's weight between weighing in and weighing out. The language explains that jockey's safety equipment (helmet, vest, etc.), is not included in the program weight. This also requires the association to post in the daily program this explanation for the public's review.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-44-120.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 10-03-063 on January 15, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 11, 2010.

Douglas L. Moore

Deputy Secretary

OTS-2923.2

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.]

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