Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-17-064.

     Title of Rule and Other Identifying Information: WAC 260-24-580 Starter and assistant starters.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 11, 2013, at 9:30 a.m.

     Date of Intended Adoption: January 11, 2013.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by January 8, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by January 8, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Requires assistant starters to wear safety helmets in the performance of their duties.

     Reasons Supporting Proposal: To avoid head injuries to assistant starters who work in close quarters with thoroughbreds in and around the starting gate.

     Statutory Authority for Adoption: RCW 67.16.020.

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

     Name of Proponent: [No information supplied by agency], 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 28, 2012

Douglas L. Moore

Deputy Secretary

OTS-5173.1

AMENDATORY SECTION(Amending WSR 10-05-064, filed 2/12/10, effective 3/15/10)

WAC 260-24-580   Starter and assistant starters.   (1) The starter is responsible for the following duties:

     (a) Approve all horses which have never started to ensure that the horse is familiar with, and capable of, breaking from the starting gate((.));

     (b) Ensure all participants have an equal opportunity to a fair start;

     (c) Supervise the assistant starters;

     (d) Provide a sufficient number of assistant starters for each race;

     (e) Assign the starting gate stall positions to assistant starters and notify the assistant starters of their respective stall positions, or assign a foreman to act in his behalf, before post time for each race;

     (f) Assess and make recommendations to the board of stewards on the ability of each person applying for an initial jockey license in breaking from the gate and working a horse in the company of other horses;

     (g) Load horses into the gate in any order necessary to ensure a safe and fair start;

     (h) Recommend to the stewards horses that should be scratched because a horse at the starting gate is refusing to load or is unruly.

     (2) The starter will place and remove horses on the starter's list for poor or unruly behavior in the starting gate. Horses placed on the starter's list will be refused entry until the horse has been satisfactorily schooled in the starting gate. Schooling will be under the direct supervision of the starter or his designee.

     (3) The starter has complete authority over the starting gate, the starting of horses, and the authority to give orders, which are not in conflict with these rules.

     (4) The starter will appoint all assistant starters. Assistant starters must first demonstrate they are adequately trained to safely handle horses in the starting gate. In emergencies the starter may appoint qualified individuals to act as substitute assistant starters.

     All assistant starters, and anyone appointed by the starter to act as a substitute assistant starter, must wear a securely fastened safety vests and helmets, which meet((s the shock-absorbing protection required)) the standards in WAC 260-12-180(((2))) (1) and (2), at all times when performing their duties.

     (5) Assistant starters may not:

     (a) Handle or take charge of any horse in the starting gate without the expressed permission of the starter;

     (b) Impede the start of a race;

     (c) Strike a horse with a whip;

     (d) Use a device, unless approved by the stewards, to assist in the loading of a horse into the starting gate;

     (e) Slap, boot or otherwise dispatch a horse from the starting gate;

     (f) Strike or use abusive language to a jockey; or

     (g) Accept or solicit any gratuity or payment other than his/her regular salary, directly or indirectly, for services in starting a race.

     (6) The starter and assistant starters will report all unauthorized activities to the stewards.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 10-05-064, § 260-24-580, filed 2/12/10, effective 3/15/10; 09-03-008, § 260-24-580, filed 1/8/09, effective 2/8/09; 08-05-088, § 260-24-580, filed 2/15/08, effective 3/17/08. Statutory Authority: RCW 67.16.040. 98-01-145, § 260-24-580, filed 12/19/97, effective 1/19/98.]