WSR 12-17-123

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 21, 2012, 9:36 a.m. ]

     Subject of Possible Rule Making: Rules governing premiums for certain licensed employments in the horse racing industry found in chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for workers' compensation insurance, and chapter 296-17A WAC, Classifications for Washington workers' compensation insurance.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.16.035, 51.16.100, and 51.16.210.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 51.16.210 requires the department to assess industrial insurance premiums for certain horse racing employments and create and maintain rules implementing coverage for the horse racing industry. RCW 51.04.020, 51.16.035, and 51.16.100 require the department to maintain a classification system. This rule making is needed to accommodate a request from representatives of the horse racing industry, Washington horse racing commission (WHRC) and the horseman's benevolent and protective association (HBPA), to make changes in the reporting and rating system for the industry which would encourage participation and compliance of their licensees.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local or federal agency regulates this subject.

     Process for Developing New Rule: Labor and Industries will solicit input from the horse racing community by way of the WHRC and the HBPA, the internet, informal public meetings, or more than one of these. Labor and industries will use this input to formulate proposed changes to the existing rules and advise customers of future rule making by direct mailing, the internet, or both.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Labor and industries will mail letters with ideas on possible rule changes to affected employers. Employers will be encouraged to participate in the process, to share ideas, and attend meetings. Employers can obtain information on our rule-making process at http://www.lni.wa.gov/LawRule/ruleProcess.asp and can submit comments electronically to joanne.attwood@lni.wa.gov or by calling (360) 902-4777, or by fax at (360) 902-4729.

August 21, 2012

Judy Schurke

Director