HORSE RACING COMMISSION

[Filed November 28, 2018, 11:10 a.m.]

Preproposal statement of inquiry was filed as WSR 18-17-128.

Title of Rule and Other Identifying Information: WAC 260-44-050 Weighing out—Equipment included in jockey's weight and 260-52-010 Paddock to post.

Hearing Location(s): On January 11, 2019, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.

Date of Intended Adoption: January 11, 2019.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-549-6461, by January 3, 2019.

Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email patty.brown@whrc.state.wa.us, by January 3, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend language to allow the racing association alternate options to assist the stewards in the placing of horses.

Reasons Supporting Proposal: Current head number requirements are sometimes intrusive to the horses head and alternate means would be more consistent.

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.

AMENDATORY SECTION(Amending WSR 10-07-049, filed 3/11/10, effective 4/11/10)

WAC 260-44-050Weighing out—Equipment included in jockey's weight.

(1) The jockey's weight must also include their clothing and boots, and the saddle and its attachments.

(2) The following items may not be included in a jockey's weight: Riding crop, head number or numbered armband, bridle, bit, reins, number cloth, blinker, over girth, protective helmet or safety vest.

(3) Upon approval by the board of stewards or their designee, jockeys may be allowed up to two pounds more than published weights to account for inclement weather clothing and equipment.

AMENDATORY SECTION(Amending WSR 08-05-088, filed 2/15/08, effective 3/17/08)

WAC 260-52-010Paddock to post.

(1) Permission must be obtained from a steward to exercise a horse between races.

(2) In a race, each horse must carry a conspicuous saddlecloth number and one of the following: A head number affixed to the horse's bridle, a numbered armband affixed on the right shoulder of the jockey's silks, or a helmet cover on the jockey's helmet, corresponding to its number on the official program. ((In the case of an entry each horse making up the entry must carry the same number (head and saddlecloth) with a distinguishing letter. For example, 1-1A, 1X. In the case of a field the horses comprising the field must carry an individual number; i.e., 12, 13, 14, 15, and so on.))

(3) After the horses enter the track, and before the start of the race, no jockey may dismount and no horse may be handled by anyone other than the jockey, the starter, the starter's assistants, the outrider, the pony rider, or the official veterinarian without permission of the stewards or the starter.

(4) In the case of injury to a jockey, his/her mount, or damage to equipment, the stewards or the starter may permit the jockey to dismount and the horse to be cared for during the delay. The stewards may permit all jockeys to dismount during the delay.

(5) All horses must participate in the post parade, which includes passing the steward's stand and, all horses must carry their weight from the paddock until the finish of the race unless approved by the stewards.

(6) The post parade may not exceed twelve minutes unless approved by the stewards. When horses have reached the post, they will be started without unnecessary delay.

(7) If the jockey is injured on the way to the post, the horse will be taken to the paddock and another jockey obtained, if available.

(8) No person may ((wilfully))willfully delay the arrival of a horse at the post.

(9) No person other than the rider, starter, or assistant starter may strike a horse, or attempt to assist the horse in starting.

(10) A jockey is not required to carry a ((whip))crop. However, in any race in which a jockey will not ride with a ((whip))crop, the public will be notified prior to the race.