Effective Date of Rule: Thirty-one days after filing.

     Purpose: To clarify what is and is not included in a jockey's weight while weighing out and to remove language on the size and weight of a whip.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-44-050.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 10-03-060 on January 15, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 11, 2010.

Douglas L. Moore

Deputy Secretary

OTS-2020.3

AMENDATORY SECTION(Amending WSR 07-07-035, filed 3/12/07, effective 4/12/07)

WAC 260-44-050   Weighing 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: ((Whip)) Riding crop, head number, bridle, bit, reins, number cloth, blinker, over girth, protective helmet or safety vest.

     (3) ((Whips must have closed poppers, with a maximum length of four inches and minimum width of one and one-quarter inches. Whips must have three rows of one-inch feathers made of leather or other material approved by the stewards. The maximum length of a whip may not exceed thirty-one inches (including popper). The maximum weight of a whip may not exceed one pound.)) 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.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-035, § 260-44-050, filed 3/12/07, effective 4/12/07; 06-07-063, § 260-44-050, filed 3/10/06, effective 4/10/06. Rules of racing, § 30, filed 4/21/61.]

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