PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-20-031.
Title of Rule and Other Identifying Information: WAC 260-12-010 Definitions.
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: Updates and adds new terminology used by the industry that is or will be included in the WAC.
Reasons Supporting Proposal: Defines any new language or terms used in TITLE 260 WAC.
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-5172.1
AMENDATORY SECTION(Amending WSR 10-09-012, filed 4/9/10,
effective 5/10/10)
WAC 260-12-010
Definitions.
The definitions in this
section apply throughout these rules unless the context
requires otherwise.
(1) "Added money." Money added to the purse of a race by the association, or other fund, in the amount paid by owners for nominations, entry, and starting fees.
(2) "Allowance race." An overnight race for which there is no claiming price established.
(3) "Also eligible."
(a) A number of eligible horses, properly entered, which were not drawn for inclusion in a race, but which become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline; or
(b) In a trial race, the next preferred contestant that is eligible to participate when an entry is scratched, pursuant to the written conditions of the race.
(4) "Apprentice jockey." A jockey who has not won a certain number of races within a specific period of time who is granted an extra weight allowance as provided in WAC 260-32-370(9).
(5) "Apprentice allowance." A weight allowance given to an apprentice jockey ranging from five to ten pounds.
(6) "Authorized agent." A person appointed by a written document signed by the owner with authority to act for the owner.
(7) "Assistant trainer." A person employed by a licensed trainer whom has the authority to represent the trainer in all racing matters. An assistant trainer may also perform all the duties of a groom.
(8) "Association." Any person or persons, associations, or corporations licensed by the commission to conduct parimutuel wagering on a race meet.
(9) "Association employee." Any person hired by a racing association.
(((8))) (10) "Association grounds." All real property
utilized by the association in the conduct of its race
meeting, including the race track, grandstand, concession
stands, offices, barns, stable area, and parking lots and any
other areas under the jurisdiction of the commission.
(((9))) (11) "Bar shoe." A special shoe with a solid bar
that runs across the rear of the shoe for extra protection.
(12) "Barn superintendent." An association employee who is responsible to assign stalls and maintain records of number of horses in a trainer's care on a daily basis.
(((10))) (13) "Bit." The metal mouthpiece on a bridle
used to guide and control a horse.
(((11))) (14) "Bleeder." A horse that demonstrates
exercise induced pulmonary hemorrhaging.
(((12))) (15) "Blinkers." A hood with different size
cups to limit the peripheral vision of a horse.
(((13))) (16) "Breakage." The remaining cents after
parimutuel payoffs are rounded down to a dime or nickel.
(((14))) (17) "Breeder." For thoroughbreds, the breeder
is the owner of the horse's dam at the time of foaling. For
quarter horses, appaloosas, arabians and paint horses, the
breeder is the owner of the dam at the time of service.
(18) "Cheek pieces." Two pieces of sheepskin or other material which are attached to the cheek pieces of a bridle which may restrict vision.
(((15))) (19) "Claiming." The act of buying a horse out
of a race for a specific price.
(((16))) (20) "Claim box." A box in a specified location
where a claim must be deposited to be valid.
(((17))) (21) "Claiming race." Races in which horses are
entered subject to being claimed for a specified price.
(((18))) (22) "Clerk of scales." An official who weighs
the jockeys prior to and after each race.
(((19))) (23) "Clocker." An official that times horses
when horses are performing an official workout.
(((20))) (24) "Colors." Racing silks with owners'
distinct designs and color worn by jockeys while racing.
(((21))) (25) "Colt." Male horse under the age of five.
(((22))) (26) "Commission."
(a) The five-member commission established by RCW 67.16.012; or
(b) The state agency known as the Washington horse racing commission.
(((23))) (27) "Condition book." A book issued by the
racing secretary with specific eligibility conditions for
scheduled races.
(((24))) (28) "Coupled entry." Two or more horses
running as a single betting interest for parimutuel wagering
purposes.
(((25))) (29) "Daily double." Type of wager calling for
the selection of the winner of two consecutive races.
(((26))) (30) "Dead heat." Two or more horses in an
exact tie at the finish line.
(((27))) (31) "Denial." The refusal to grant an
applicant a license after the applicant has made application
for a license, but prior to the individual performing the
duties associated with the license.
(((28))) (32) "Eligible." A horse that is qualified to
start in a race as established by the racing secretary's
conditions.
(((29))) (33) "Engagement." A commitment given by a
jockey or his/her agent to accept a mount in a specified race.
(((30))) (34) "Entry."
(a) A horse eligible for and entered in a race.
(b) Two or more horses which are entered or run in a race with common ownership.
(((31))) (35) "Equipment." Tack carried or used on a
racehorse including whips, blinkers, tongue ties, muzzle,
nosebands, bits, shadow rolls, martingales, breast plates,
bandages, boots and plates.
(((32))) (36) "Exacta." A wager involving selecting the
first two finishers in a race in exact order.
(((33))) (37) "Exercise rider." A person licensed by the
commission to ride horses for the purpose of exercising.
Exercise riders working at a race track must be licensed as
"Exercise rider - track," while those working at the farm or
training centers must be licensed as "Exercise rider - farm"
if the trainer wishes to provide their employee industrial
insurance coverage under the horse industry account.
(((34))) (38) "Field." The total horses scheduled to run
in a race.
(((35))) (39) "Filly." A female horse four years and
younger.
(((36))) (40) "Front leg wraps." Bandages that extend at
least four inches up the horse's front legs for support.
(((37))) (41) "Furlong." One-eighth of a mile, two
hundred twenty yards, or six hundred sixty feet.
(((38))) (42) "Furosemide." Generic term for a
medication used for the treatment of bleeders.
(((39))) (43) "Furosemide list." A list of horses
maintained by the official veterinarian eligible to race in
this jurisdiction on furosemide.
(((40))) (44) "Gelding." A male horse that has been
castrated.
(((41))) (45) "Groom." A person licensed by the
commission who is employed by a licensed trainer to care for
the trainer's horses.
(((42))) (46) "Handicap."
(a) A race in which the racing secretary designates the weight to be carried for each horse.
(b) Making wagering selections on the basis of a horse's past performances.
(((43))) (47) "Handle." Total amount of money wagered in
the parimutuel pool for a race, race card, or a race meet.
(((44))) (48) "Horse."
(a) A registered filly, mare, colt, horse, gelding or ridgling of a breed that is eligible to race in the state of Washington.
(b) Any male horse five years old or older.
(((45))) (49) "Intact male." Any male horse, colt, or
ridgling.
(((46))) (50) "Inquiry." A review of a race conducted by
the board of stewards to determine if a racing violation was
committed.
(((47))) (51) "Jockey." A person licensed by the
commission to ride a horse in a race meet, whether a jockey or
an apprentice jockey.
(((48))) (52) "Jockey fee." The money paid to a jockey
for riding in a race.
(((49))) (53) "Maiden." A horse, which at the time of
starting in a race, has never won a race on the flat in any
country, at a track which is covered by a recognized racing
publication showing the complete results of the race. A
maiden who has been disqualified after finishing first is
still considered a maiden.
(((50))) (54) "Mare." A female horse five years old or
older.
(((51))) (55) "Minus pool." A mutuel pool caused when
one horse is heavily bet and after all mandatory deductions
there is not enough money in the pool to pay the legally
prescribed minimum on each winning wager.
(((52))) (56) "Morning line." A handicapper's
approximate odds quoted in the program.
(((53))) (57) "Mutuel field." A group of horses, with no
common ties, coupled by the association for wagering purposes
in a single race.
(((54))) (58) "Net pool price calculations." The method
of calculating the parimutuel pools when international pools
are conducted (WAC 260-48-800).
(((55))) (59) "Nerved" or "heel nerved." A horse upon
which a digital neurectomy has been performed.
(((56))) (60) "Nomination." The naming of a horse to a
certain race or series of races generally accompanied by
payment of a prescribed fee.
(((57))) (61) "Objection." When a claim of foul is
lodged by a jockey, owner, or trainer following the running of
the race.
(((58))) (62) "Official."
(a) When the board of stewards has determined that the order of finish of a race is correct for the mutuel payouts.
(b) An individual designated to perform functions to regulate a race meet.
(((59))) (63) "Off-track betting." Parimutuel wagering
on horse races conducted at a location other than the racing
association's grounds, often referred to as a satellite
location.
(((60))) (64) "Optional claiming race." A race offered
in which horses may be entered either for a claiming price or
under specific allowance conditions.
(((61))) (65) "Overnight race." A contest for which
entries close at a time set by the racing secretary.
(((62))) (66) "Overweight." Extra weight carried by the
jockey that is greater than the listed weight in the official
program.
(((63))) (67) "Owner." Any person licensed by the
commission with an ownership interest in a horse, including a
lessee. An interest only in the winnings of a horse does not
constitute part ownership.
(((64))) (68) "Owners' bonus." A percentage of the gross
mutuel pool the association is required by RCW 67.16.102 to
withhold to be paid to owners of Washington bred horses at the
conclusion of the meet based on the owner's horse finishing
first, second, third or fourth.
(((65))) (69) "Paddock." Enclosure or area where horses
are saddled prior to the post parade.
(((66))) (70) "Paddock judge." An official who monitors
the saddling of the horses before a race to ensure consistent
equipment on each horse and supervises the paddock.
(((67))) (71) "Penalty weight." Additional weight to be
carried by the horse as stated in the condition book.
(((68))) (72) "Pick n." A type of wager requiring the
patron to select the winners of a specified number of
consecutive races.
(((69))) (73) "Pick three." A type of wager requiring
the patron to select the winners of three consecutive races.
(((70))) (74) "Place." To finish second in a race.
(((71))) (75) "Poles." Markers positioned around the
track indicating the distance to the finish line.
(76) "Pony rider." A person licensed by the commission to escort horses either in the morning during training or in the afternoon during racing. A pony rider may not exercise horses. Pony riders working at a race track must be licensed as "Pony rider - track," while those working at the farm or training centers must be licensed as "Pony rider - farm" if the trainer wishes to provide their employee industrial insurance coverage under the horse industry account.
(((72))) (77) "Post." The starting position on the
track.
(((73))) (78) "Post parade." Horses passing in front of
the stewards stand and public prior to warming up for the
race.
(((74))) (79) "Post position." Position assigned to the
horse to break from the starting gate determined by lot at the
time of the draw of the race.
(((75))) (80) "Post time." The scheduled time for the
horses to arrive at the starting gate for a race.
(81) "Program/paper trainer." A licensed trainer who, solely for the purposes of the official race program, is identified as the trainer of a horse that is actually under the control of and trained by another person who may or may not hold a current trainer's license.
(((76))) (82) "Purse." The amount of prize money offered
by the racing association for each race.
(((77))) (83) "Protest." A complaint filed regarding a
horse running in a race that is filed in writing with the
board of stewards.
(((78))) (84) "Quinella." A wager in which the patron
selects the first two finishers regardless of order.
(((79))) (85) "Race meet." The dates of live horse
racing that have been approved by the commission. (Also refer
to RCW 67.16.010.)
(((80))) (86) "Racing plates." Shoes designed for
racehorses, usually made of aluminum.
(((81))) (87) "Racing secretary." An official who drafts
conditions of each race and accepts entries and conducts the
post position draw of the races.
(((82))) (88) "Receiving barn." Structure where horses
may be identified prior to proceeding to the paddock.
(((83))) (89) "Recognized race meet." Any race meet
involving parimutuel wagering held under the sanction of a
racing authority.
(90) "Retired horse." A horse that at the time of sale or gift is no longer fit to race. No retired horse is eligible to run in a race under the jurisdiction of the commission.
(((84))) (91) "Revocation." The cancellation of an
existing license for a minimum of three hundred sixty-five
days and up to an indefinite period of time (e.g., life-time).
Individuals revoked are ineligible for a license during the
period of revocation. Individuals revoked are banned from all
facilities under the jurisdiction of the commission during the
period of their revocation.
(((85))) (92) "Ridgling." A male horse with one or both
testicles undescended.
(((86))) (93) "Scale of weights." Fixed weight
assignments to be carried by horses according to age, sex,
distance, and time of year.
(((87))) (94) "Scratch." Withdrawing an entered horse
from the race after the closing of entries.
(((88))) (95) "Scratch time." The established deadline
for the withdrawal of entries from a scheduled performance.
(((89))) (96) "Sex allowance." Weight allowance given to
fillies and mares when competing against males.
(((90))) (97) "Show." To finish third in a race.
(((91))) (98) "Simulcast." Broadcasting a live race from
another racing association for purposes of parimutuel wagering
on that race, or sending a broadcast of a live race to another
racing association for purposes of parimutuel wagering on that
race.
(99) "Spouse groom." The spouse of a trainer, licensed by the commission and permitted to perform all the duties of a groom, but is not extended industrial insurance coverage under the horse industry account.
(((92))) (100) "Stake race." A race for which
nominations close more than seventy-two hours in advance of
its running and for which owners or nominators contribute
money toward its purse, or a race for which horses are invited
by an association to run for a guaranteed purse of thirty
thousand dollars or more without payment of nomination, entry,
or starting fees.
(((93))) (101) "Stallion." A male horse or colt which
can be used for breeding purposes.
(((94))) (102) "Standard price calculations." A method
of calculating the parimutuel payoffs used mostly when
calculating pools nationally.
(((95))) (103) "Starter."
(a) A horse is a "starter" for a race when the stall doors of the starting gate open in front of it at the time the starter dispatches the horses; or
(b) An official responsible for dispatching the horses from the starting gate.
(((96))) (104) "Starter's list." A list, maintained by
the official starter, of horses that have been unruly when
loading in the starting gate. Horses on the starter's list
are ineligible to enter.
(((97))) (105) "Starter race." An allowance or handicap
race restricted to horses who have started for a specific
claiming price or less.
(((98))) (106) "Stewards." The officials designated by
the commission responsible for enforcing the rules of racing.
(((99))) (107) "Stewards' list." A list, maintained by
the stewards, of horses which are ineligible to enter for
various reasons, e.g., poor performance, ownership disputes,
etc.
(((100))) (108) "Suspension." The temporary loss of
license privileges for a specific period of time (not to
exceed three hundred sixty-five days), or until specific
conditions are met. All suspensions for a specific period of
time will be in calendar days; with the exception of riding
suspensions, which will be race days. Individuals suspended
may be banned from all facilities under the jurisdiction of
the commission during the period of their suspension.
(((101))) (109) "Test barn." The enclosure to which
selected horses are taken for post race testing.
(((102))) (110) "Tongue tie." Bandage or other apparatus
used to tie down a horse's tongue to prevent the tongue from
getting over the bit, which can affect the horse's breathing
and the jockey's ability to control the horse.
(111) "Trainer." A person who holds a valid trainer's license who has a horse eligible to race under his/her care, custody, or control at the time of entry.
(((103))) (112) "Trifecta." A wager picking the first
three finishers in exact order in a specific race.
(((104))) (113) "Turf course." A racing surface
comprised of grass.
(((105))) (114) "Veterinarian's list." A list of horses
ineligible to enter due to sickness, lameness, or other
conditions as determined by an official veterinarian.
(((106))) (115) "Walk over." A race that has only one
participant.
(((107))) (116) "Washington bred." A horse that was
foaled in the state of Washington.
(117) "Washington race track." A race track licensed and regulated by the commission during the track's licensed race meet and periods of training.
(((108))) (118) "Weigh-in." The clerk of scales weighing
of a jockey immediately follows the race.
(((109))) (119) "Weigh-out." The clerk of scales
weighing of a jockey prior to a race.
(((110))) (120) "Weight allowance." A reduction in
weight to be carried by a horse as established by the
conditions for each race.
(((111))) (121) "Workout" or "official workout." An
exercise at moderate to extreme speed for a predetermined
distance of a horse as required in WAC 260-40-105 to make a
horse eligible to be entered or run in a race.
[Statutory Authority: RCW 67.16-.020 [67.16.020]. 10-09-012, § 260-12-010, filed 4/9/10, effective 5/10/10. Statutory Authority: RCW 67.16.020 and 67.16.040. 08-03-044, § 260-12-010, filed 1/10/08, effective 2/10/08; 07-11-114, § 260-12-010, filed 5/18/07, effective 6/18/07; 81-15-034 (Order 81-06), § 260-12-010, filed 7/10/81; 81-08-013 (Order 81-01), § 260-12-010, filed 3/24/81; Rules of racing, Rule 1.22(22), filed 8/23/66; Rules of racing, §§ 1-1.47, filed 4/21/61; subsection (12) amended, filed 3/11/65; subsection (14) amended, filed 8/26/65.]