PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: To address how the stewards deal with multiple disqualifications when placing horses and common ownership uncoupled entries involved in disqualifications.
Citation of Existing Rules Affected by this Order: Amending WAC 260-52-040.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 10-13-106 on June 18, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 13, 2010.
Douglas L. Moore
Deputy Secretary
OTS-3318.1
AMENDATORY SECTION(Amending WSR 10-07-050, filed 3/11/10,
effective 4/11/10)
WAC 260-52-040
Post to finish.
(1) All horses must be
ridden out in every race. A jockey may not ease up or coast
to the finish, without reasonable cause, even if the horse has
no apparent chance to win prize money. A jockey must always
give his/her best effort during a race. Each horse must be
ridden to win. No jockey may cause his/her horse to shorten
its stride so as to give the appearance of having suffered a
foul.
(2) If a jockey strikes or touches another jockey or another jockey's horse or equipment, his/her mount may be disqualified.
(3) When clear in a race a horse may be ridden to any part of the course. If any horse swerves, or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, the horse may be disqualified.
(4) A horse may not interfere with another horse and thereby cause the other horse to lose ground or position, or cause the other horse to break stride. When this interference occurs in the part of the race where the other horse loses the opportunity to place where it might reasonably be expected to finish, the stewards may disqualify the interfering horse.
(5) If the stewards determine the foul was intentional, or due to careless riding, the jockey may be held responsible.
(6) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane and interferes, impedes, or intimidates another horse, it may be considered a foul and may result in the disqualification of the offending horse.
(7) When a horse is disqualified, the stewards may place
the offending horse behind the horse(s) it interfered with,
place it last, or declare it unplaced and ineligible for any
purse money and/or time trial qualification. In the case of
multiple disqualifications, under no circumstance may a horse
regain its finishing ((position once it has been
disqualified)) place in front of a horse that it interfered
with.
(8) If a horse is disqualified, any horses ((it is
coupled with)) that it shares a common ownership with may also
be disqualified, if in the opinion of the stewards, the foul
was intentional.
(9) When a horse is disqualified in a time trial race, for the purposes of qualifying only, it must receive the time of the horse it is placed behind plus one-hundredth of a second penalty or more exact measurement if photo finish equipment permits, and remain eligible to qualify for the finals or consolations of the race on the basis of the assigned time.
(10) In time trials, horses must qualify on the basis of time and order of finish. Times are determined by the official timer. If the automatic timer malfunctions, averages of a minimum of three hand times must be used for that individual race. In the instance of horses competing in the same race receiving identical times, order of finish must determine qualifiers. In the event two or more horses receive identical times for the final qualifying position, a draw by lot conducted by the stewards will determine the final qualifying positions.
(11) If a horse that qualified for the finals should be unable to enter due to racing soundness or scratched for any other reason other than a positive test or rule violation, the owner will receive last place purse money. If more than one horse is scratched from the final, then those purse moneys will be added together and distributed equally among those owners.
(12) If a qualifier for a final or consolation is disqualified for ineligibility or a rule violation after the time trials are declared official, but prior to entry for the final or consolation, the nonqualifier with the next fastest time must replace the disqualified horse. If a qualifier is disqualified after entry for the final or consolation for any reason other than unsoundness, illness or death, the purse will be redistributed among the remaining qualifiers.
(13) Possession of any electrical or mechanical stimulating or shocking device by a jockey, horse owner, trainer or other person will be considered prima facie evidence of a violation of these rules and is sufficient grounds for the stewards to scratch or disqualify any horse involved, and summarily suspend the individual in possession of the device.
[Statutory Authority: RCW 67.16.020. 10-07-050, § 260-52-040, filed 3/11/10, effective 4/11/10. Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-088, § 260-52-040, filed 2/15/08, effective 3/17/08. Statutory Authority: RCW 67.16.040. 00-06-069, § 260-52-040, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 81-08-013 (Order 81-01), § 260-52-040, filed 3/24/81; Rule 211, filed 4/21/61.]