The Rules Of Racing

The horse racing commission, composed of five members appointed by the governor, is responsible for licensing, regulating and supervising all horse racing meets in the state where the parimutuel system is used. The commission also approves and regulates satellite locations and simulcasting, and licenses and regulates advance deposit wagering. The commission functions through periodic public meetings and where required, conducts hearings in accordance with this chapter. The Rules of Racing can be found in Title 260 WAC. The Laws of Racing (Chapter 67.16 RCW) can be accessed by clicking here.

Since 2001 the state of Washington has been a member of the Live Horse Racing Compact, chapter 67.17 RCW. The National Racing Compact is an effort of member states to establish uniform requirements for the licensing of participants in live horse racing with parimutuel wagering. Participants receiving National Racing Compact licenses must a uniform minimum standard of honest and integrity.

Policy/Interpretive Statements

Policy/Interpretive Statements are the agency's attempt to keep the public advised as to the Commission's current opinion or approach to a given issue. Policy/Interpretive Statements are designed to help explain how a particular rule is interpreted by the Commission. They are advisory only and are not rules. Policy/Interpretive Statements are not enforceable, but are only used to better inform the public and those regulated by the Commission.

Rulemaking Information

The agency wishes to keep the public, its stakeholders, and those we regulate informed about rulemaking activities. Below are the different steps in the agency's rulemaking process. First are subjects of "possible" rulemaking. These are only areas the agency is thinking about or considering. The rulemaking process has not officially begun.

Second are the subjects of "contemplated" rulemaking. These are those areas that the agency has begun the rulemaking process by filing a "Pre-proposal Statement of Inquiry" or CR101 with the Code Reviser.

Third are the subjects of "current" rulemaking. In these cases, proposed language has already been published in the state register and an adoption hearing is pending. (The text of the proposed language and date, time, and location of the adoption hearing are provided below.)

Fourth are the subjects of "rulemaking." These are new, amended or repealed chapters or sections. (The text of the affected sections and chapters along with the effective date of any changes is provided below.)

Subjects of Possible Rulemaking 2009 - 2010
The agency is considering rulemaking in the following chapters and sections of Title 260WAC. A Pre-proposal Statement of Inquiry (or CR101) has not yet been filed with the Code Reviser. These are only subjects of rulemaking the agency is considering and are being provided to keep the public and persons regulated by the commission updated on agency plans.

• Chapter 260-20 WAC Association Grounds and Facilities
  The agency is considering developing a new section for adoption requiring a racing association to display to the public the pan and head-on video of a race when required by the stewards.

Subjects of Contemplated Rulemaking 2009 - 2010
The agency is considering rulemaking in the following chapters and sections of Title 260WAC. A Pre-proposal Statement of Inquiry (or CR101) has been filed with the Code Reviser (a copy linked below). These are only subjects of rulemaking the agency is considering and are being provided to not only keep the public and persons regulated by the commission updated on agency plans, but also to solicit public comment.

• Chapter 260-09 WAC Public Records (New Chapter)
  The purpose is to adopt a new chapter in Title 260 WAC to incorporate the state's model public records rules.
• Chapter 260-16 WAC Washington-Bred Horses
  The purpose is to adopt a new section clarifying when funds are to be retained for Washington-bred owners' bonus and breeder awards. Included is proposed language the commission is currently considering. While a CR102 (an order of proposed rulemaking) has not yet been filed, nor has an anticipated adoption hearing been scheduled, the agency is still seeking public input on the first draft of a proposed new section to chapter 260-16 WAC. This new section is intended to clarify when Washington-bred owners' bonus and breeder awards are only retained. Proposed language.

  The agency is interested in public comment regarding it proposal. Comments can be sent to (via email) by clicking here. Comments should be received by September 30, 2009.

• Chapter 260-36 WAC Licenses
  The purpose is to amend section of this chapter that are intended to address the following: (1) application for license during a period of suspension or revocation; (2) licensed veterinarians also being licensed as trainers; (3) continuing education requirements for trainers; (4) denial of license for persons with pending felony prosecutions; and (5) industrial insurance premiums.
• WAC 260-44-050 Weighing out - Equipment included in jockey`s weight; WAC 260-52-040 Post to finish; and WAC 260-52-045
  (New Section) The riding crop. The agency plans to amend these sections and adopt a new section to address the new ARCI model rule regarding "riding crops."
• Chapter 260-70 WAC Equine Medication
  The purpose is to consider rulemaking to authorized out-of-competition testing of horses on the grounds of licensed facilities.
• WAC 260-70-630 Threshold levels.
  The agency anticipates the need to amend this section to adopt serum or plasma thresholds for anabolic steroids. The Racing Medication and Testing Consortium (RMTC) is expected to establish serum or plasma thresholds, eliminating the need of the agency to maintain urine threshold for these substances.
• WAC 260-70-675 Bicarbonate testing.
  The purpose is to amend this section to address split samples for TC02 testing.
• WAC 260-72-050 Use of personal communication devices on the grounds.
  The agency is considering taking another look at limiting personal communication devices on the grounds of any licensed racetrack, including but not limited to the jockey's quarters, the paddock, the test and receiving barns and the racing surface, both during racing and training.
• Chapter 260-84 WAC Penalties
  The purpose is to adopt new penalties or amend existing penalties as may be necessary to accommodate the rules being developed for the 2010 racing season or as may be necessary as discovered during the 2009 season.

Subjects of Current Rulemaking 2009 - 2010
As the agency proceeds with rulemaking, proposed rules are provided to stakeholders and other interested persons. For each subject of rulemaking the Proposed Rulemaking order, or CR102 has been filed with the Code Reviser. The CR102 includes the date, time, and location of the adoption hearing, and the timelines for submitting written comments. The agency is considering rulemaking in the following chapters and sections of Title 260WAC.

• WAC 260-36-220 Industrial insurance premiums - Additional premiums for stalls and horses started; and WAC 260-36-230 Short duration industrial insurance coverage
  The purpose is to amend how industrial insurance premiums to cover licensed exercise riders on and off the grounds of a racing association are determined. In an attempt to be more equitable the agency is considering eliminating the every & 'twelve stalls' (Class A & B tracks) and every 'twelve different horses started' (Class C tracks) method. Instead, under the proposal trainers would pay industrial insurance for 'each horse' in training or racing. In addition to eliminating the every twelve horse calculation the agency is considering eliminating the cap on the maximum number of stalls/horses before no additional premium is due. Under the proposal, trainers would pay industrial insurance regardless of the number of horses in training or racing. By exploring this option staff is attempting to assist the smaller trainer, who in the past had to pay premium for twelve horses even though they may have only had three to five horses.

  The agency is interested in public comment regarding it proposal. Comments can be sent to (via email) by clicking here. Comments should be received by November 1, 2009.

Subjects of Rulemaking 2009 - 2010
In the past twelve months, the agency may have adopted, amended, or repealed several sections and/or chapters in Title 260 WAC. The following are those rules, in which the Rulemaking Order, or CR103 has already been filed with the Code Reviser.

• WAC 260-36-085 License and fingerprint fees
  CR103 Rulemaking Order
• WAC 260-40-100 Performance records; and WAC 260-40-145
  The effects of wins on eligibility (New Section)
  CR103 Rulemaking Order
• WAC 260-49-070 Distribution of source market fee
  CR103 Rulemaking Order
• WAC 260-60-405 Claiming - Declaring a horse ineligible to be claimed at time of entry
  CR103 Rulemaking Order
• WAC 260-84-060 Penalties and WAC 260-84-065 Licensees -
  Drug and alcohol penalties.
  CR 103 Rulemaking Order