1. (a) Winning jockey riding fees in the absence of a contract or special agreement are 10% of the Win Purse.

   1. (1) The purpose of subsection (a) is not to set a minimum or maximum fee. It provides a fee if the parties have not made a written agreement to the contrary.
   2. (2) All fees pursuant to subsection (a) are payable in the lower purse range until the next higher purse range is reached, unless there is a written agreement to the contrary.

2. (b) Jockey riding fees for losing mounts are:

   1. (1) The purpose of subsection (b) is to set a minimum, but not a maximum riding fee. No non-winning jockey shall be paid less than the riding fee set forth in subsection (b).
   2. (2) All fees pursuant to subsection (b) are payable in the lower purse range until the next higher purse range is reached unless there is a written agreement to the contrary. However, no such written agreement shall reduce the minimum required by subsection (b).
   3. (3) To determine the horse owner's place purse or show purse when calculating non-winning jockey riding fees, the Paymaster of Purses shall use the purse agreement provided in the Horsemen's Agreement for the race meeting at which the jockeys earned such fees. The losing mount fee shall be paid as provided under subsection (b) of this rule.
   4. (4) For horse races with gross purses between $10,000 and $100,000 and up, a minimum of five percent of the horse owner's place purse or show purse plus $10.00 shall be used when calculating the second place and third place non-winning jockey riding fees.
   5. (5) If the losing mount fee is equal to or greater than the third place mount fee, the Paymaster of Purses shall adjust the mount fees so that the third place mount shall earn at minimum $2 more than the losing mount, and the second place mount shall earn at minimum $2 more than the third place mount.

   Gross Purse

   Losing Mount

   $100,000 and up:

   $285.16

   50,000-99,999:

   232.34

   25,000-49,999:

   200.66

   15,000-24,999:

   179.51

   10,000-14,999:

   168.97

   Less than $10,000:

   158.42

3. (c) A jockey's fee is considered earned when the jockey is weighed out by the clerk of scales. The fee shall not be considered earned if the jockey elects to take himself off of his mount. If there is a substitution of jockeys, no additional jockey fee or double jockey fee need be paid except when ordered by the stewards.

4. (d) In this rule “Win Purse” means the amount paid the winning horse less the fees paid exclusively by the owner to enter the horse in the race;

   1. (1) Entry, nomination or other fees paid shall not be deducted from a jockey riding fee if such fees are paid or reimbursed by any person or entity other than the owner.
5. (e) If the parties agree on the fee to be paid the jockey, a contract or agreement in writing signed by the jockey or his agent and the owner or his authorized agent specifying the agreed upon fee if a winning mount, second place mount, third place mount and losing mount shall be delivered to the paymaster of purses before the running of the race in question. The paymaster of purses shall debit the owner's purse account under the contract or written agreement. If no contract or written agreement is submitted before the running of the race in question, the paymaster of purses shall debit the owner's purse account under the fee scale set forth in this rule.
6. (f) A jockey may not share in the fees of another jockey.

Note: Authority cited: Sections 19440, 19501 and 19562, Business and Professions Code. Reference: Sections 19401(a), 19401(d), 19420, 19440, 19501 and 19502, Business and Professions Code.

History

1. Amendment filed 8-15-74; effective thirtieth day thereafter (Register 74, No. 33).

2. Amendment filed 10-6-78; effective thirtieth day thereafter (Register 78, No. 40).

3. Amendment filed 6-8-79; effective thirtieth day thereafter (Register 79, No. 23).

4. Amendment filed 11-25-86; effective upon filing pursuant to Government Code Section 11346.2 (d) (Register 86, No. 48).

5. Change without regulatory effect amending section filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).

6. Amendment of subsections (a) and (d) and amendment of Note filed 2-28-2001; operative 2-28-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9).

7. Change without regulatory effect amending section and Note filed 1-10-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 2).

8. Amendment of subsections (a)-(b)(2) and Note filed 3-29-2010; operative 3-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 14).

9. Change without regulatory effect amending subsection (b) filed 11-28-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 48).

10. Change without regulatory effect amending subsection (d), adding subsection (d)(1) and amending Note filed 5-12-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 20).

11. Amendment of subsection (b) filed 7-23-2015; operative 10-1-2015 (Register 2015, No. 30).

12. Amendment of subsection (b) filed 12-10-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 50).

13. Amendment of subsections (a) and (b) and new subsections (b)(3)-(5) filed 5-31-2017; operative 5-31-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 22).

14. Change without regulatory effect amending subsection (b) filed 10-5-2017 pursuant to section 100, title 1, California Code of Regulations; effective 1-1-2018 pursuant to Business and Professions Code section 19501(b)(1) (Register 2017, No. 40).

15. Amendment of subsections (b) and (b)(5) filed 11-20-2018; operative 1-1-2019 (Register 2018, No. 47).

16. Change without regulatory effect amending subsection (b) filed 11-4-2019 pursuant to section 100, title 1, California Code of Regulations; effective 1-1-2020 pursuant to Business and Professions Code section 19501(b)(1) (Register 2019, No. 45).

17. Change without regulatory effect amending subsection (b) filed 10-22-2020 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2021 pursuant to Business and Professions Code section 19501(b)(1) (Register 2020, No. 43).

18. Change without regulatory effect amending subsection (b) filed 9-23-2021 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2022 pursuant to Business and Professions Code section 19501(b)(1) (Register 2021, No. 39).

19. Change without regulatory effect amending subsection (b) filed 12-20-2022 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2023 pursuant to Business and Professions Code section 19501(b)(1) (Register 2022, No. 51).

20. Change without regulatory effect amending subsection (b) filed 11-30-2023 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2024 pursuant to Business and Professions Code section 19501(b)(1) (Register 2023, No. 48).

21. Change without regulatory effect amending subsection (b) filed 12-31-2024 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2025 pursuant to Business and Professions Code section 19501(b)(1) (Register 2025, No. 1).

22. Change without regulatory effect amending subsection (b) filed 1-13-2026 pursuant to section 100, title 1, California Code of Regulations (Register 2026, No. 3).