PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: Clarifies the procedures and consequences for an apprentice jockey's to waive all or portions of the weight allowances.
Citation of Existing Rules Affected by this Order: Amending WAC 260-32-370 Apprentice jockeys.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 11-23-120 on November 21, 2011.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 13, 2012.
Douglas L. Moore
Deputy Secretary
OTS-4439.1
AMENDATORY SECTION(Amending WSR 06-07-065, filed 3/10/06,
effective 4/10/06)
WAC 260-32-370
Apprentice jockeys.
(1) An applicant for
an apprentice jockey license may be prohibited from riding
until the stewards or the commission has sufficient
opportunity (not to exceed 14 days) to verify the applicant's
previous riding experience.
(2) An apprentice jockey may be granted an apprentice
certificate by the board of stewards. The apprentice
certificate ((shall)) will grant an apprentice all the
allowances and conditions stated in these rules.
(3) An apprentice jockey eligible for a ten-pound allowance may not accept mounts on two year olds and first time starters, without prior approval of the board of stewards.
(4) The conditions of an apprentice jockey license do not apply to quarter horse or mixed breed racing. A jockey's performances in quarter horse or mixed breed racing do not apply to the conditions of an apprentice jockey.
(5) An applicant with an approved apprentice certificate from another jurisdiction may be licensed as an apprentice jockey.
(6) An apprentice certificate may be obtained from the
stewards on a form provided by the commission. A person
((shall)) may not receive more than one apprentice
certificate. In case of emergencies, a copy of the original
may be obtained from the commission where it was issued.
(7) The apprentice jockey ((shall)) will be responsible
to have his/her apprentice certificate with them at all times.
Prior to riding, the apprentice certificate ((shall)) will be
submitted to the clerk of scales at each racing association in
which the apprentice is licensed and riding.
(8) The apprentice jockey ((shall)) must keep an accurate
updated record of his/her first forty winners, to be recorded
on the certificate by the clerk of scales.
(9) An apprentice jockey may claim the following weight allowances in all overnight races except stakes and handicaps:
(a) Ten pound allowance beginning with the first mount and continuing until the apprentice has ridden five winners:
(b) Seven pound allowance until the apprentice has ridden an additional thirty-five winners; and
(c) If an apprentice has ridden a total of forty winners
prior to the end of a period of one year from the date of
riding their fifth winner, the apprentice jockey ((shall))
will have an allowance of five pounds until the end of that
year;
(d) If after one year from the date of the fifth winning
mount, the apprentice jockey has not ridden forty winners, the
applicable weight allowance ((shall)) will continue for one
more year or until the 40th winner, whichever comes first. In
no event may a weight allowance be claimed for more than two
years from the date of the fifth winning mount, unless an
extension has been granted.
(e) An apprentice may waive ((the ten- or seven-pound))
any or all of the above weight allowances, but ((shall)) may
not be eligible to reinstate ((either)) any of the allowances
once voluntarily waived.
(f) An apprentice may be named as a replacement rider on a mount entered without the apprentice weight allowance only after entries have been drawn at which time the apprentice allowance will not be deemed to have been voluntarily waived.
(10) The commission may extend the period in which an apprentice jockey is allowed a weight allowance when, at the discretion of the commission, an apprentice jockey is unable to continue riding due to:
(a) Physical disablement or illness;
(b) Military service;
(c) Attendance in an institution of secondary or higher education;
(d) Restriction on racing;
(e) Other valid reasons.
(11) In order to qualify for an extension, an apprentice
jockey ((shall)) must have been rendered unable to ride for a
period of not less than seven consecutive days during the
period in which the apprentice was entitled to an apprentice
weight allowance.
(12) The commission currently licensing the apprentice
jockey ((shall)) will have the authority to grant an extension
to an eligible applicant, but only after the apprentice has
produced documentation, verifying time lost as defined by this
regulation.
(13) An apprentice may petition the jurisdictions in
which he or she is licensed and riding for an extension of the
time for claiming apprentice weight allowances granted by the
commission, and the apprentice ((shall)) will be bound by the
decision of the jurisdiction so petitioned.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-065, § 260-32-370, filed 3/10/06, effective 4/10/06. Statutory Authority: RCW 67.16.040. 98-01-146, § 260-32-370, filed 12/19/97, effective 1/19/98.]