New Mexico Register / Volume XXXIII,
Issue 15 / August 9, 2022
NOTICE OF PUBLIC MEETING
AND RULES HEARING
The New Mexico Racing Commission
(Commission) will hold a Public Meeting and Rules Hearing on September 22,
2022. The Rules hearing will be held
during the Commission’s regular business meeting with the public session
beginning at 9:00 a.m. The Rules Hearing
and Commission meeting will be held in person at the New Mexico Racing
Commission Boardroom, 4900 Alameda Blvd., NE, Albuquerque, New Mexico and
virtually via Zoom.
Topic: Regular Commission Meeting and Rules Hearing
Time: September 22, 2022 09:00 AM
Mountain Time (US and Canada)
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The Commission is proposing the following amendments listed
below to the Rules Governing
Horse Racing in New Mexico
to clarify the rules regarding the safety and integrity of horseracing and purse
moneys.
15.2.1 NMAC – Gaming
15.2.2 NMAC – Associations
15.2.3 NMAC – Flat Racing Officials
15.2.4 NMAC – Types of Races
15.2.5 NMAC – Horse Race – Rules of the Race
15.2.6 NMAC – Veterinary Practices, Equine Health,
Medication, and Trainer Responsibility
16.47.1 NMAC – General Provisions
A copy of the proposed rules may be found on the Commission's website:
https://www.nmrc.state.nm.us/rules-regulations/. You may also contact Denise Chavez at (505) 249-2184 to request to receive a copy
of the proposed rules by regular mail.
Interested persons may submit their written comments on the proposed
rules to the Commission at the address
below and/or may appear at the scheduled meeting and provide
brief, verbal comments.
All written comments must be received by the Commission by
12:00 PM on September 21, 2022. Written comments
should be submitted to: Denise Chavez, Law Clerk, via email at
DeniseM.Chavez@state.nm.us.
The final agenda for the Commission meeting will be available
one hundred twenty (120) hours prior
to the meeting. A copy of the final agenda may be obtained
from Denise Chavez or from the Commission’s website.
No technical information served as
the basis for the proposed rule.
Anyone who requires special accommodations is requested to notify the Commission of such needs at least five days prior to the meeting.
Statutory Authority: Legal authority for this rulemaking can be found
in the New Mexico Horse Racing Act, Sections 60-1A-1 through 60-1A-30 NMSA 1978
(2007, as amended through 2017), which, among other provisions, specifically
authorizes the Commission to promulgate rules and regulations and carry out the
duties of the Act to regulate horse racing in the State.
The Commission
proposes the following rule amendments:
Subsection B of
15.2.1.9 NMAC: The
purpose of the proposed amendments is to have the processes better comport with
the goal of administrative disciplinary actions and to place a portion of the
rule to a more applicable part of the rule book.
Subsection B of
15.2.2.8 NMAC: The
purpose of the proposed amendment is to enable the racing industry to offset
the cost of the new federal legislation utilizing gaming money.
Subsection A of
15.2.3.8 NMAC: The
purpose of the proposed amendment is to recognize all positions that should be
deemed as racing officials.
Subsection C of 15.2.4.8 NMAC: The purpose of the proposed amendment is to negate conflict
of NM Racing Commission rules regarding the condition of claimed horses.
Subsection D of
15.2.5.13 NMAC: The
purpose of the proposed amendment is to implement best practice in order to alleviate safety issues in the paddock and
starting gate.
Subsections A & C of 15.2.6.9 NMAC: The purpose of the proposed amendments is to clarify that
both post-race and out-of-competition findings are prima facie evidence that a
prohibited substance was administered to the horse.
Subsection A & B of 15.2.6.10 NMAC: The purpose of the proposed amendments is to clarify that
the security guard is provided and employed by the racetrack and not the NM
Racing Commission as the current verbiage has been confused in the courts and
Subsection B (1) is repetitive.
Subsection P of
16.47.1.8 NMAC: The purpose of the proposed amendment
is to clarify the licensing rule concerning an applicant working in more than
one capacity in the horseracing industry.
Subsections
A, B & D of 16.47.1.10 NMAC: The purpose of the
proposed amendment is to make the requirements for becoming a trainer more
stringent to assure the enhancement of the welfare and safety of the equine
athlete; to allow the commission to hold trainers accountable for the condition
of horses in their care, custody and control; and lastly to force trainers to
do their due diligence in ensuring that newly acquired horses are free of any
prohibited substances.