New Mexico Register / Volume XXX, Issue 8 / April 23, 2019

 

 

Explanatory Paragraph:  This is an amendment to 15.2.3 NMAC, Section 8, effective May 1, 2019.  In 15.2.3.8 NMAC Subsection A, Paragraphs (1), (2) and Paragraphs (4) through (9) of Subsection B and Subsections C through P were not published as there were no changes.

 

15.2.3.8                 FLAT RACING OFFICIALS GENERAL PROVISIONS:

 

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                B.            Stewards:

 

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                                (3)           Disciplinary action:  The stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters.

                                                (a)           The stewards shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules.

                                                (b)           The stewards may compel the attendance of witnesses and the submission of documents or potential evidence related to any investigation or hearing.

                                                (c)           The stewards may at any time inspect license documents, registration papers, and other documents related to racing.

                                                (d)           The stewards have the power to administer oaths and examine witnesses.

                                                [(e)          The stewards shall consult with the official veterinarian to determine the nature and seriousness of a laboratory finding or an alleged medication violation.]

                                                [(f)] (e)   The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules:  issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission.

                                                [(g)] (f)   The stewards may order that a person be ineligible for licensing; or they may deny a license to an applicant on grounds set forth in the act or these rules.

                                                [(h)] (g)  The stewards shall submit a written report to the commission of every inquiry and hearing.

                                                [(i)] (h)   A stewards' ruling shall not prevent the commission from imposing a more severe penalty.

                                                [(j)] (i)    The stewards may refer any matter to the commission and may include recommendations for disposition.  The absence of a steward's referral shall not preclude commission action in any matter.

                                                [(k)] (j)   Purses, prizes, awards, and trophies shall be redistributed if the stewards or commission order a change in the official order of finish.

                                                [(l)] (k)   All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.

 

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 [15.2.3.8 NMAC - Rp, 15 NMAC 2.3.8, 4/13/2001; A, 11/15/2001; A, 8/30/2007; A, 6/15/2009; A, 6/30/2009; A, 12/1/2010; A, 5/1/2015; A/E, 6/28/2016; A, 9/15/16; A, 12/16/2016; A, 7/1/2017; A, 9/26/2018; A, 5/1/2019]