PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-15-125.
Title of Rule and Other Identifying Information: WAC 260-24-500 Racing officials.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 13, 2011, at 9:30 a.m.
Date of Intended Adoption: January 13, 2011.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail dmoore@whrc.state.wa.us, fax (360) 459-6461, by January 10, 2011.
Assistance for Persons with Disabilities: Contact Patty Sorby by January 10, 2011, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify who is considered a racing official and any restrictions placed upon them. The proposed language is supported by stakeholders.
Reasons Supporting Proposal: The current WAC does not address which licensees are racing official assistants and if they may be dual licensed. The amendment clearly defines which licensees are racing officials or assistants and defines restrictions that may be placed on certain categories.
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.
November 18, 2010
Douglas L. Moore
Deputy Secretary
OTS-3790.1
AMENDATORY SECTION(Amending WSR 08-05-088, filed 2/15/08,
effective 3/17/08)
WAC 260-24-500
Racing officials.
(1) Officials at a
race meet include the following:
(a) Stewards;
(b) Racing secretary;
(c) Assistant racing secretary;
(d) Horsemen's bookkeeper;
(((d))) (e) Mutuel manager or designee;
(((e))) (f) Official veterinarian(s);
(((f))) (g) Horse identifier;
(((g))) (h) Paddock judge;
(((h))) (i) Starter;
(((i))) (j) Assistant starters;
(k) Security director, association;
(((j))) (l) Commission investigator(s);
(((k))) (m) Commission auditor;
(((l))) (n) Clerk of scales;
(((m))) (o) Jockey room supervisor;
(((n))) (p) Film analyst;
(((o))) (q) Clocker(s);
(((p))) (r) Race timer;
(((q))) (s) Paddock plater;
(((r))) (t) Mutuel inspector;
(((s))) (u) Outrider(s);
(((t))) (v) Any other person designated by the
commission.
(2) The association officials of a race meet will include but are not limited to: Racing secretary, mutuel manager, starter, horsemen's bookkeeper, association security director, jockey room supervisor and outrider(s).
(3) Eligibility:
(a) To qualify as a racing official, the appointee must be;
(i) Of good character and reputation;
(ii) Familiar with the duties of the position and with the commission's rules of racing;
(iii) Mentally and physically able to perform the duties of the job; and
(iv) In good standing and not under suspension or ineligible in any recognized racing jurisdiction.
(b) To qualify for appointment as a steward the appointee
must be an ((Association of Racing Commissioners
International)) Racing Officials Accreditation
Program-accredited steward, unless the appointee has been
appointed as a substitute steward as provided in WAC 260-24-510, and be in good standing with all Association of
Racing Commissioners International member jurisdictions. The
commission may waive this accreditation requirement for Class
C race meets.
(4) The commission, in its sole discretion, may determine the eligibility of a racing official and, in its sole discretion, may approve or disapprove any such official for licensing.
(5) While serving in an official capacity, racing
officials ((and their assistants)) may not:
(a) ((Participate in the sale, purchase, or ownership of
any horse racing at the meet; unless disclosed in advance and
approved by the board of stewards;
(b))) Sell or solicit horse insurance on any horse racing at the meet;
(((c))) (b) Be licensed in any other capacity without
permission of the ((executive secretary, or in case of an
emergency, the permission of the)) board of stewards;
(((d) Make a wager on the outcome of any horse race at a
race meet under the jurisdiction of the commission; or
(e))) If the board of stewards approves a racing official to be licensed in any other capacity, the board of stewards may impose conditions that may include participating in the sale, purchase, claim, or ownership of any horse racing at the meet;
(c) Consume or be under the influence of alcohol and/or drugs while performing official duties.
(6) The following association officials are prohibited from wagering on the outcome of any horse race at the race meet under the jurisdiction of the commission:
(a) Stewards;
(b) Racing secretary;
(c) Assistant racing secretary;
(d) Starter;
(e) Assistant starters;
(f) Jockey room supervisor;
(g) Paddock plater;
(h) Outriders;
(i) Mutuel manager or designee.
(7) Racing officials ((and their assistants)) must
immediately report to the stewards every observed violation of
these rules.
(((7))) (8) Complaints against officials:
(a) Any complaint against an association racing official other than a steward will be made to the board of stewards in writing and signed by the complainant. The presiding steward will report to the executive secretary the action taken or recommended by the board of stewards. The executive secretary will determine whether the matter will be referred to the commission. The board of stewards will notify the complainant, in writing, of the action taken or recommended;
(b) Any complaint against a commission racing official,
including an association steward, will be made to the
executive secretary. The executive secretary will, if able,
notify the complainant in writing of the action taken((;)).
(((8))) (9) Should any steward be absent at race time,
and no approved alternate steward be available, the remaining
stewards may appoint a substitute for the absent steward. If
a substitute steward is appointed, the presiding steward will
notify the executive secretary and the association.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-088, § 260-24-500, filed 2/15/08, effective 3/17/08; 05-07-065, § 260-24-500, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-500, filed 12/19/97, effective 1/19/98.]