New
Mexico Register / Volume XXXV, Issue 7 / April 9, 2024
This is an amendment to 15.2.5 NMAC, Sections 8, 9, 12, 13 and 14,
effective 4/9/2024.
15.2.5.8 ENTRIES AND NOMINATIONS:
A. Entering: No horse
shall be qualified to start unless it has been and continues to be entered.
B. Procedure:
(1) Entries
and nominations shall be made with the racing [secretary] office
and shall not be considered until received by the racing secretary, who shall
maintain a record of time of receipt of them for a period of one year.
(2) An
entry shall be in the name of the horse's owner and made by the trainer or an
assistant trainer. Any horse which is in
a race or on the also-eligible list may not be sold or transferred until that
obligation is completed, except with permission of the stewards.
(3) Numbered
races printed in the condition book shall have preference over extra
races. Should any race fail to draw
seven separate wagering interests, it may be called off.
(4) An
entry must be made either in person in writing on an entry blank
provided by the association, or by telephone [electronically
or facsimile machine] call to the racing secretary. The entry must be confirmed in writing should
the stewards or the racing secretary so request.
(5) The
person making an entry shall clearly designate the horse so entered.
(6) No
alteration may be made in any entry after the closing of entries, but an error
may be corrected with permission of the stewards.
(7) No
horse may be entered in more than one race (with the
exception of stakes races) to be run on the same day at the same track
on which pari-mutuel wagering is conducted.
If a horse is entered in more than one stakes race to be run on the same
day, at the time of draw, the trainer must declare which race the horse will
run in.
(8) No
horse may be entered to run at two different tracks on the same day on which
pari-mutuel wagering is conducted.
(9) Any
permitted medication must be declared on the original entry at each race
meet. No further declaration will be
required at that meet unless there is a change.
(10) Any approved change of equipment must be
declared at time of entry. Any changes
after that time must be approved by the stewards.
(11) An entry clerk or any other person
taking an entry shall indicate on the entry form that they took the entry on a
horse.
(12) An entry clerk or any other person
taking an entry shall indicate on the entry form who they took the entry from
by way of either the person’s name, or last four digits of their social
security numbers, or date of birth, or telephone number, or New Mexico racing
commission license number.
(13) An entry clerk or any other person
taking an entry shall not divulge any information regarding a race with the exception of the entered number of horses already
entered.
(14) An entry clerk or any other person
taking an entry shall not override any warning in the RTO Incompass
system for a horse that is on the veterinarian’s, stewards’, starter’s
or paddock judge’s lists, or has inadequate published workouts pursuant to
Subsection A of 15.2.5.11 NMAC or is ineligible based on the horse’s past
performances.
C. Nominations:
(1) Any
nominator to a stakes race may transfer or declare such nomination prior to
closing.
(2) Joint
nominations and entries may be made by any one of joint owners of a horse, and
each such owner shall be jointly and severally liable for all payments due.
(3) Death
of a horse, or a mistake in its entry when such horse is eligible, does not
release the nominator or transferee from liability for all stakes fees
due. No fees paid in connection with a
nomination to a stakes race that is run shall be refunded except as otherwise
stated in the conditions of a stakes race.
(4) Death
of a nominator to a stakes race shall not render void any subscription, entry
or right of entry. All rights,
privileges and obligations shall be attached to the legal heirs of the decedent
or the successor owner of the horse.
(5) When
a horse is sold privately or at public auction or claimed, stakes engagements
shall be transferred automatically to its new owner; except when the horse is
transferred to a person whose license is suspended or who is otherwise
unqualified to race or enter the horse, then such nomination shall be void as
of the date of such transfer.
(6) All
stakes fees paid toward a stakes race shall be allocated as provided by the
conditions for the race. If a stakes
race is not run for any reason, all such nomination fees paid shall be
refunded.
D. Closings:
(1) Entries
for purse races and nominations to stakes races shall close at the time
designated by the association in previously published conditions for such
races. No entry, nomination or
declaration shall be accepted after such closing time; except in the event of
an emergency or if an overnight race fails to fill, the racing secretary may,
with the approval of a steward, extend such closing time.
(2) Except
as otherwise provided in the conditions for a stakes race, the deadline for
accepting nominations and declarations is midnight of the day of closing,
provided they are received in time for compliance with every other condition of
the race.
E. Number of starters in
a race: The maximum number of starters in any race
shall be limited to the number of starting positions afforded by the
association starting gate and its extensions.
The number of starters may be further limited by the number of horses,
which, in the opinion of the stewards, can be afforded a safe, fair and equal start.
F. Split or divided races:
(1) In
the event a race is cancelled or declared off, the association may split any
overnight race for which postpositions have not been drawn.
(2) Where
an overnight race is split, forming two or more separate races, the racing
secretary shall give notice of not less than 15 minutes before such races are
closed to grant time for making additional entries to such split races.
G. Post positions: Post
positions for all races shall be determined by lot and shall be publicly drawn
in the presence of a steward or steward designee.
H. Also-eligible list:
(1) If
the number of entries for a race exceeds the number of horses permitted to
start, the racing secretary may create and post an also-eligible list.
(2) If
any horse is scratched from a race for which an also-eligible list was created,
a replacement horse shall be drawn from the also-eligible list into the race in
order of preference. If none is
preferred, a horse shall be drawn into the race from the also-eligible list by public lot. Horses
which gain a position in a race from the also-eligible list take the outside
post position in the order drawn from the also-eligible list.
(3) Any
owner or trainer of a horse on the also-eligible list who does not wish to
start the horse in such race shall so notify the racing secretary prior to
scratch time for the race, thereby forfeiting any preference to which the horse
may have been entitled in that race.
(4) If
a scratch card is deposited for a horse listed as also-eligible, and if that
horse is offered an opportunity to run by being drawn at scratch time, the
horse shall lose its position on the preferred list.
I. Preferred list: The
racing secretary shall maintain a list of each horse’s registration date, entry
date, and racing date. Preference will
be given to the best date. A
registration date can only be established when the foal certificate is on file
with a racing secretary. An entry date
is any time a horse passes the entry box, whether or not
the race is in the condition book, or an extra, is used or eliminated. Entry dates have preference over race or
registration dates of the same date. Any
horse, which is scratched, will lose its date and must re-establish a date. All horses placed on the steward's,
veterinarian's, starter's or identifier's list will be
posted on the bulletin board, they will not lose their date, but they must meet
the necessary requirements to be removed from a list.
[15.2.5.8 NMAC - Rp, 15 NMAC 2.5.8, 3/15/2001; A, 5/15/2001; A, 11/15/2001;
A, 12/14/2001; A, 3/31/2003; A, 5/30/2003; A, 6/13/2003; A, 9/29/2006; A,
10/31/2006; A, 1/1/2013; A, 6/1/2016; A, 12/16/2016; A, 9/26/18; A, 4/9/2024]
15.2.5.9 DECLARATIONS AND
SCRATCHES: Declarations and scratches are irrevocable
except with permission of the stewards.
A. Declarations:
(1) A
"declaration" is the act of withdrawing an entered horse from a race
prior to the closing of entries.
(2) The
declaration of a horse before closing shall be made by the owner, trainer or
their licensed designee in the form and manner prescribed in these rules.
B. Scratches:
(1) A
"scratch" is the act of withdrawing an entered horse from a contest
after the closing of entries subject to approval of the stewards.
(2) The
stewards have sole authority to scratch a horse if any situation involves a
rule violation or is recommended by a veterinarian or concerns of track
condition. The scratch of a
horse after closing [shall] of entries may be [made] submitted
by the owner, trainer or [their licensed designee] designated
assistant trainer, [with permission] subject to approval from
the stewards.
(3) A
horse may be scratched from a stakes race for any reason at any time up until 45 minutes prior to post time for that race subject
to approval from the stewards.
(4) No
horse may be scratched from an overnight race without approval of the stewards.
(5) In
overnight races, horses that are physically disabled or sick shall be permitted
to be scratched first. Should horses
representing more than eight betting interests in the daily double or exotic
wagering races, or horses representing more than eight betting interests in any
other overnight race, remain in after horses with physical excuses have been
scratched, then owners or trainers may be permitted at scratch time to scratch
horses without physical excuses down to such respective minimum numbers for
such races. This privilege shall be
determined by lot if an excessive number of owners or trainers wish to scratch
their horses.
(6) Entry of any horse
which has been scratched, or excused from starting by the stewards, because of
a physical disability or sickness may not be accepted until the expiration of
seven calendar days after such horse was scratched or excused and the horse has
been removed from the veterinarian's list.
[15.2.5.9 NMAC - Rp,
15 NMAC 2.5.9, 3/15/2001; A, 10/31/2006; A, 3/14/2018; A, 4/9/2024]
15.2.5.12 HORSES INELIGIBLE:
A. A
horse shall be ineligible to [start] enter in a race when:
[(1) it is not stabled on the grounds of the association or
present by the time established by the commission;
(2) its breed registration certificate is not on file with the racing
secretary or horse identifier; unless the racing secretary has submitted the certificate to the appropriate breed
registry for correction or in the case of thoroughbred horses foaled in 2018 or
thereafter, the horse doesn't have a digital tattoo; the stewards may waive
this requirement if the information contained on the registration certificate
is otherwise available; and the horse is otherwise correctly identified to the
stewards’ satisfaction;
(3) if a quarter horse or a thoroughbred
foaled before 2018, is not fully
identified and tattooed on the inside of the upper lip, freeze brand or
identified by any other method approved by the breed registry and commission;
however, there may be extenuating circumstances where a horse will be eligible
to start in a race without the tattoo as referenced above, as long as the horse
identifier has written verification that the tattooing process has been
initiated; if a thoroughbred foaled in 2018 or thereafter, is not micro chipped
with a unique microchip (ISO11784), freeze brand or identified by any other
method approved by the breed registry and commission.
(4) it
has been fraudulently entered or raced in any jurisdiction under a different
name, with an altered registration certificate, altered lip tattoo, altered or manipulated microchip (ISO11784), or freeze
brand;]
[(5)] (1) it is
wholly or partially owned by a disqualified person or
a horse is under the direct or indirect training or management of a
disqualified person;
[(6)] (2) it is
wholly or partially owned by the spouse of a disqualified person
or a horse is under the direct or indirect management of the spouse of a
disqualified person, in such cases, it being presumed that the disqualified
person and spouse constitute a single financial entity with respect to the
horse, which presumption may be rebutted;
[(7) the stakes or entrance money for the horse has not been paid, in
accordance with the conditions of the race;]
[(8) the losing jockey mount fee is not on deposit with the horsemen's
bookkeeper;]
[(9)] (3) its name
appears on the starter's list, stewards' list [or],
veterinarian's list or paddock judge’s list;
[(10)] (4) it is a first time starter and has not been approved to start by the
starter;
[(11)] (5) it is owned in whole or in part by an undisclosed person or interest;
[(12)] (6) it lacks sufficient official published workouts or race past
performance(s);
[(13) it has been entered in a stakes race and has subsequently been
transferred with its engagements, unless the racing secretary has been notified
of such prior to the start;]
[(14)] (7) it is subject to a lien which has not been approved by the stewards and
filed with the horsemen's bookkeeper;
[(15)] (8) it is subject to a lease not filed with the
stewards;
[(16)] (9) it is not in sound racing condition;
[(17)] (10) it has had a
surgical neurectomy performed on a heel nerve, which has not been approved by
the official veterinarian;
[(18)] (11) it has been trachea tubed to artificially assist breathing;
[(19)] (12) it has been blocked with alcohol or otherwise drugged or surgically denerved to desensitize the nerves above the ankle;]
[(20)] (13) it has impaired eyesight in both eyes;
[(21)] (14) it is barred or suspended in any recognized jurisdiction;
[(22)] (15) it does not meet the eligibility conditions of the race;
[(23)] (16) its owner or lessor is in arrears for any stakes fees, except with
approval of the racing secretary;
[(24) its owner(s), lessor(s) and/or trainer have not completed the licensing
procedures required by the commission;]
[(25)] (17) it is by an unknown sire or out of an unknown mare[; or].
[(26) there is no current negative test certificate for equine infectious
anemia on file with the racing office, as required by the commission.]
B. A horse
shall be ineligible to be [entered] start when:
(1) it
is the subject of a positive test for a prohibited substance in an official
sample based on a final certificate of analysis received from the official
laboratory during the period in which the adjudication process involving the
violation is ongoing.
(a) In
the event the horse is claimed in the race in which the horse allegedly ran
with the prohibited substance, the new owner may enter the horse, unless the
horse is ordered to go on the stewards' list pursuant to Subsection C of
15.2.6.9 (8)(a-e) NMAC.
(b) Should
the horse be claimed thereafter by the owner of the horse in the race in which
there was a positive test for a prohibited substance, the horse shall not be
allowed to enter unless the adjudication process involving the prior violation
is complete.
(2) It is not stabled on the grounds of
the association or present by the time established by the commission;
(3) its breed registration
certificate is not on file with the racing secretary or horse identifier;
unless the racing secretary has submitted the certificate to the appropriate
breed registry for correction or in the case of thoroughbred horses foaled in
2018 or thereafter, the horse does not have a digital tattoo; the stewards may
waive this requirement if the information contained on the registration
certificate is otherwise available; and the horse is otherwise correctly
identified to the stewards’ satisfaction;
(4) if a quarter horse or a thoroughbred
foaled before 2018, is not fully identified and tattooed on the inside of the
upper lip, freeze brand or identified by any other method approved by the breed
registry and commission; however, there may be extenuating circumstances where
a horse will be eligible to start in a race without the tattoo as referenced
above, as long as the horse identifier has written verification that the
tattooing process has been initiated; if a thoroughbred foaled in 2018 or
thereafter, is not microchipped with a unique microchip (ISO11784), freeze
brand or identified by any other method approved by the breed registry and
commission;
(5) it has been fraudulently entered or
raced in any jurisdiction under a different name, with an altered registration
certificate, altered lip tattoo, altered or
manipulated microchip (ISO11784), or freeze brand;
(6) the stakes or entrance money for the
horse has not been paid, in accordance with the conditions of the race;
(7) it has been entered in a stakes race
and has subsequently been transferred with its engagements, unless the racing
secretary has been notified of such prior to the start;
(8) it is not in sound racing condition;
(9) it has been blocked with alcohol or
otherwise drugged or surgically denerved to
desensitize the nerves above the ankle;
(10) it does not meet the eligibility
conditions of the race;
(11) its owner(s), lessor(s) or trainer have
not completed the licensing procedures required by the commission; or
(12) there is no current negative test
certificate for equine infectious anemia on file with the racing office, as
required by the commission.
[15.2.5.12 NMAC -
Rp, 15 NMAC 2.5.12, 3/15/2001; A, 7/15/2002; A; 8/30/2007; A, 6/15/2009; A,
1/1/2014; A, 9/15/2016; A, 12/19/2019; A, 4/9/2024]
15.2.5.13 RUNNING OF THE RACE:
A. Equipment:
(1) All
riding crops are subject to inspection and approval by the stewards and the
clerk of scales. This rule will become
effective December 10, 2010.
(a) All
riding crops shall have a shaft and a flap and will be allowed in flat racing
including training. No riding crop shall
weigh more than eight ounces nor exceed 30 inches in length, including the
flap. No riding crop shall be used
unless the shaft is a minimum of three-eighths inch in diameter; and the shaft
contact area must be smooth, with no protrusions or raised surface and covered
by shock absorbing material that gives a compression factor of at least
one-millimeter throughout its circumference.
(b) The
flap is the only allowable attachment to the shaft and must meet the following
specifications. The length beyond the
end of the shaft shall be a maximum of one inch with a mimimum
width of eight-one hundreths inch and a maximum of
one and six-tenths inches. There shall
be no reinforcements or additions beyond the end of the shaft. There shall be no binding within seven inches
of the end of the shaft and the flap must include shock absorbing
characteristics similar to those of the contact area
of the shaft.
(2) No
bridle shall exceed two pounds.
(3) Reins. No jockey, apprentice jockey, exercise person or any person mounted on a horse shall ride, breeze, exercise, gallop or workout a horse on the grounds of a facility under the jurisdiction of the commission unless the horse is equipped with a nylon rein or a safety rein. A safety rein is a rein with a wire or nylon cord stitched into the traditional leather rein during the manufacturing process and the safety cord is attached to the bit with a metal clasp.
(4) Toe
grabs with a height greater than two millimeters worn on the front shoes of
thoroughbred horses while racing are prohibited. The horse shall be scratched
and the trainer may be subject to fine.
(5) A
horse's tongue may be tied down with clean bandages, gauze or tongue strap.
(6) No
licensee may add blinkers to a horse's equipment or discontinue their use
without the prior approval of the starter, the paddock judge, and the stewards.
(7) No
licensee may change any equipment used on a horse in its last race without
approval of the paddock judge or stewards.
(8) Any
licensed assistant starter and any licensee mounted on a horse or stable pony on
the association grounds must wear a properly fastened New Mexico racing
commission approved protective helmet and safety vest.
(a) The approved
protective helmet and safety vest shall be worn when:
(i) racing, parading
or warming up a horse prior to racing; or
(ii) jogging,
training or excerising a horse at any time.
(b) The
helmet worn must comply with one of the following minimum safety standards or
later revisions:
(i) American society for testing
materials (ASTM 1163); or
(ii) UK
standards (EN-1384 and PAS-015); or
(iii) Australian/New
Zealand standard (AS/NZ 3838).
(c) The
safety vest worn by a jockey shall weigh no more than two pounds and must
comply with one of the following minimum standards or later revisions:
(i) British equestrian trade association (BETA):2000 level 1; or
(ii) euro norm (EN)
13158:2000 1; or
(iii) American society for
testing and materials (ASTM) F2681-08 or F1937; or
(iv) shoe and allied
trade research association (SATRA) jockey vests document M6 Issue 3; or
(v) Australian racing
board (ARB) standard 1.1998.
(d) A
safety helmet or safety vest shall not be altered in any manner
nor shall the product marking be removed or defaced.
B. Racing numbers:
(1) Each
horse shall carry a conspicuous saddle cloth number corresponding to the
official number given that horse on the official program.
(2) In
the case of a coupled entry that includes more than one horse, each horse in
the entry shall carry the same number, with a different distinguishing letter
following the number. As an example, two
horses in the same entry shall appear in the official program as 1 and 1A.
(3) Each
horse in the mutuel field shall carry a separate number or may carry the same
number with a distinguishing letter following the number.
C. Jockey requirements:
(1) Jockeys
shall report to the jockeys' quarters at the time designated by the
association. Jockeys shall report their
engagements and any overweight to the clerk of scales. Jockeys shall not leave the jockeys'
quarters, except to ride in scheduled races, until all of
their riding engagements of the day have been fulfilled except as approved by
the stewards.
(2) A
jockey who has not fulfilled all riding engagements, who desires to leave the
jockeys' quarters, must first receive the permission of the stewards
and must be accompanied by an association security guard.
(3) Except
as otherwise provided by this subsection, a jockey engaged for a certain race
or for a specified time may not fail or refuse to abide by the engagement
agreement, unless excused by the stewards.
Failure to fulfill riding engagements may result in disciplinary action.
(4) A
jockey may be excused by the stewards from fulfilling the jockey’s riding
engagement if the jockey believes the horse he or she
is to ride is unsafe, or the racecourse he or she is to ride on is unsafe, or
the jockey is ill or injured, or other extenuating circumstances. No jockey may take off a mount for reasons of
safety without first mounting and taking that horse to the track and/or
commission veterinarian unless that horse is unruly in the paddock. In that event a jockey’s fee is not earned.
(5) Any
jockey unseated or thrown from their mount in the saddling paddock, during the
parade to post, while being loaded in the starting gate, during the race, or
after the race, may be required by the stewards to be examined by the
paramedic, doctor or registered nurse before being
allowed to ride. Refusal to be examined
or receive medical treatment may be grounds for the stewards to take the rider
off their mount for that race and any other races on that day. In the event the jockey is injured or unable
to ride they shall be required to provide a doctor’s medical release before
they are allowed to resume participation in racing or training.
(6) The stewards may
require a jockey who is excused from fulfilling a [rding]
riding engagement, because of illness or injury, to pass a physical examination
conducted by a licensed physician not employed by the association before
resuming race riding.
(7) While
in the jockeys' quarters, jockeys shall have no contact or communication with
any person outside the jockeys' quarters other than commission personnel and
officials, an owner or trainer for whom the jockey is riding or a
representative of the regular news media, except with the permission of the
stewards. Any communication permitted by
the stewards may be conducted only in the presence of the clerk of scales or
other person designated by the stewards.
(8) Jockeys
shall be weighed out for their respective mounts by the clerk of scales not
more than 30 minutes before post time for each race.
(9) A
jockey's fee shall be considered earned when the jockey is weighed out by the
clerk of scales. In the event an owner
or trainer elects to remove a jockey from his or her mount after naming a rider
at the time of draw, the stewards may require a double jockey fee to be
paid. The fee to be paid is equal to
that earned by the jockey who rode the horse.
The fee shall not be considered earned when a jockey(s), of their own
free will, take themselves off their mounts, where injury to the horse or rider
is not involved. Any conditions or
considerations not covered by the above rule shall be at the discretion of the
stewards. All jockey protests must be
filed prior to the race.
(10) A jockey’s fee shall include any extra
monies added to the purse.
[(10)] (11) Only valets employed by the association shall assist jockeys in
weighing out.
[(11)] (12) A jockey's weight shall include their clothing, boots, saddle and its
attachments and any other equipment except the whip, bridle, bit or reins,
safety helmet, safety vest, blinkers, goggles and
number cloth. Upon the stewards’
approval, jockeys may be allowed up to three pounds more than published and
announced weights to account for inclement weather clothing and equipment when
weighing in.
[(12)] (13) Five pounds is the limit of overweight any
horse is permitted to carry.
[(13)] (14) Once jockeys
have fulfilled their riding engagements for the day and have left the jockeys'
quarters, they shall not be re-admitted to the jockeys' quarters until after
the entire racing program for that day has been completed, except with
permission of the stewards.
D. Paddock to post:
(1) Each
horse shall carry the full weight assigned for that race from the paddock to
the starting post, and shall parade past the stewards' stand, unless excused by
the stewards. The post parade shall not
exceed 12 minutes, unless otherwise ordered by the stewards. It shall be the duty of the stewards to
ensure that the horses arrive at the starting gate as near to post time as
possible.
(2) In
the post parade, all pony persons, or trainers who pony horses, must wear upper
body apparel in accordance with the policy of the commission.
(3) After
the horses enter the track, no jockey may dismount nor entrust his horse to the
care of an attendant unless, because of accident occurring to the jockey, the
horse or the equipment, and with the prior consent of the starter. During any delay during which a jockey is
permitted to dismount, all other jockeys may dismount
and their horses may be attended by others. After the horses enter the track, only the
jockey, an assistant starter, the official veterinarian, the racing
veterinarian or an outrider or pony rider may touch the horse before the start
of the race.
(4) If
a jockey is seriously injured on the way to the post, the horse may be returned
to the paddock and a replacement jockey obtained.
(5) After
passing the stewards' stand in parade, the horses may break formation and
proceed to the post in any manner unless otherwise directed by the
stewards. Once at the post, the horses
shall be started without unnecessary delay.
(6) In
case of accident to a jockey or their mount or equipment, the stewards or the
starter may permit the jockey to dismount and the horse to be cared for during
the delay, and may permit all jockeys to dismount and
all horses to be attended to during the delay.
(7) If
a jockey is thrown on the way from the paddock to the post, the horse must be
remounted, returned to the point where the jockey was thrown and then proceed
over the route of the parade to the post.
The horse must carry its assigned weight from paddock to post and from
post to finish.
(8) If
a horse leaves the course while moving from paddock to post, the horse shall be
returned to the course at the nearest practical point to that at which it left
the course, and shall complete its parade to the post
from the point at which it left the course unless ordered scratched by the
stewards.
(9) No
person shall willfully delay the arrival of a horse at the post.
(10) The
starter shall load horses into the starting gate in any order deemed necessary
to ensure a safe and fair start. An
appointed representative may tail the horse with the starter's consent. In case of an emergency, the starter may
grant approval for a horse to be tailed.
In any case, the [steward's] stewards shall be notified of
who is tailing horses.
E. Post to finish:
(1) The
start.
(a) The
starter is responsible for assuring that each participant receives a fair
start.
(b) If,
when the starter dispatches the field, any door at the front of the starting
gate stalls should not open properly due to a mechanical failure or malfunction
or should any action by any starting personnel directly cause a horse to
receive an unfair start, the stewards may declare such a horse a non-starter.
(c) Should
a horse, not scratched prior to the start, not be in the starting gate stall
thereby causing it to be left when the field is dispatched by the starter, the
horse shall be declared a non-starter by the stewards.
(d) Should an accident
or malfunction of the starting gate, or other unforeseeable event compromise
the fairness of the race or the safety of race participants, the stewards may
declare individual horses to be non-starters, excluding individual horses from
all pari-mutuel pools or declare a "no contest" and refund all wagers
except as otherwise provided in the rules involving multi-race wagers.
(2) Interference,
jostling or striking.
(a) A
jockey shall not ride carelessly or willfully so as to
permit their mount to interfere with, impede or intimidate any other horse in
the race.
(b) No
jockey shall carelessly or willfully jostle, strike or touch another jockey or
another jockey's horse or equipment.
(c) No
jockey shall unnecessarily cause their horse to shorten its stride so as to give the appearance of having suffered a foul.
(3) Maintaining
a straight course.
(a) When
the way is clear in a race, a horse may be ridden to any part of the course,
but if any horse swerves, or is ridden to either side, so as
to interfere with, impede or intimidate any other horse, it is a foul.
(b) The
offending horse may be disqualified, if in the opinion of the stewards, the
foul altered the finish of the race, regardless of whether the foul was
accidental, willful or the result of careless riding.
(c) If
the stewards determine the foul was intentional, or due to careless riding,
they may fine or suspend the guilty jockey.
(d) In
a straightaway race, every horse must maintain position as nearly as possible
in the lane in which it starts. If a
horse is ridden, drifts or swerves out of its lane in such a manner that it
interferes with, impedes or intimidates another horse,
it is a foul and may result in the disqualification of the offending horse.
(4) Disqualification.
(a) When
the stewards determine that a horse shall be disqualified for interference,
they may place the offending horse behind such horse as in their judgment it
interfered with, or they may place it last.
(b) If
a horse is disqualified for a foul, any horse or
horses with which it is coupled as an entry may also be disqualified.
(c) When
a horse is disqualified for interference in a time trial race, it shall receive
the time of the horse it is placed behind plus one-hundredth of a second
penalty or more exact measurement if photo finish equipment permits and shall
be eligible to qualify for the finals or consolations of the race on the basis of the assigned time.
(d) The stewards may
determine that a horse shall be unplaced for the purpose of purse distribution
and trial qualification.
(e) In
determining the extent of disqualification, the stewards in their discretion
may: declare null and void a track
record set or equaled by a disqualified horse, or any horses coupled with it as
an entry; affirm the placing judges' order of finish and suspend or fine a
jockey if, in the stewards' opinion, the foul riding did not affect the order
of finish; disqualify the offending horse and not penalize a jockey if in the
stewards' opinion the interference to another horse in a race was not the
result of an intentional foul or careless riding on the part of a jockey.
(5) Horses shall be
ridden out: All horses shall be ridden
out in every race. A jockey shall not
ease up or coast to the finish, without adequate cause, even if the horse has
no apparent chance to win prize money.
(6) No
electrical, mechanical or other expedient object or
device utilized to increase or retard the speed of a horse, other than the
riding crop approved by the stewards, shall be possessed by anyone or applied
by anyone to the horse at any time on the grounds of the association during the
meet, whether in a race or otherwise.
[(6)] (7) Use of riding crops.
(a) Although
the use of a riding crop is not required, any jockey who uses a riding crop
during a race shall do so only in a manner consistent with exerting his or her
best efforts to win.
(b) In
all races where a jockey will ride without a riding crop, an announcement of
such fact shall be made over the public address system.
[(c) No
electrical or mechanical device or other expedient designed to increase or
retard the speed of a horse, other than the riding crop approved by the
stewards, shall be possessed by anyone, or applied by anyone to the horse at
any time on the grounds of the association during the meeting, whether in a
race or otherwise.]
[(d)] (c) Riding
crops shall not be used on two-year-old horses before March 1 of each year.
[(e)] (d) The
position of the riding crop should always be at or below helmet level of the
jockey.
(e) The riding crop shall
only be used for safety, correction, and encouragement.
(f) After the race, the horses will be subject to
inspection by a racing or official veterinarian looking for cuts, welts or
[bruises] breaks in the skin.
Any adverse findings shall be reported to the stewards.
(g) The giving of instructions by any licensee
that if obeyed would lead to a violation of this rule may result in
disciplinary action also being taken against the licensee who gave such
instructions.
(8) Indiscriminate use of the whip is prohibited
including whipping a horse: on the head,
flanks or on any other part of its body other than the shoulders or hind
quarters except when necessary to control a horse; during the post parade or
after the finish of the race except when necessary to control the horse;
excessively or brutally causing welts or breaks in the skin; when the horse is
clearly out of the race or has obtained its maximum placing; persistently even
though the horse is showing no response under the riding crop; or striking
another rider or horse. Excessive use
of the crop includes:
(a) Riders cannot use the
riding crop more than three times in succession during a race, excluding
showing or waiving the crop.
(b) Riders cannot use the
crop more than three times in succession without giving the horse a chance to
respond before using the crop again.
(c) The horse has cuts, welts or breaks in the skin.
[(f) the riding crop shall only be used for safety, correction and encouragement.]
(g) after the race, the horses will be subject to
inspection by a racing or official veterinarian looking for cuts, welts or bruises in the skin. Any adverse findings shall be reported to the
stewards.
(h) the giving of instructions by any licensee
that if obeyed would lead to a violation of this rule may result in
disciplinary action also being taken against the licensee who gave such
instructions.
(7) Horse leaving the racecourse. If
a horse leaves the racecourse during a race, it must turn back and resume the
race from the point at which it originally left the course.]
[(8)] (9) Returning
after the finish.
(a) After a race has been
run, the jockey shall ride promptly to the finish line, dismount
and report to the clerk of scales to be weighed in. Jockeys shall weigh in with all pieces of
equipment with which they weighed out.
(b) If a jockey is
prevented from riding to the finish line because of an accident or illness to the
jockey or the horse, the jockey may walk or be transported to the scales or may
be excused from weighing in by the stewards.
[(9)] (10) Unsaddling. No person shall assist a jockey with
unsaddling except with permission of the stewards and no one shall place a
covering over a horse before it is unsaddled.
[(10)] (11) Weighing
in.
(a) A jockey shall weigh
in at no less than the same weight at which he or she weighed out, and if under
that weight by more than two pounds and after consideration of mitigating
circumstances by the board of stewards, his or her mount may be disqualified
from any portion of the purse money.
(b) In
the event of such disqualification, all monies wagered on the horse shall be
refunded unless the race has been declared official.
(c) If
any jockey weighs in at more than three pounds over the proper or declared
weight, the jockey may be fined, suspended or ruled
off by the stewards, having due regard for any excess weight caused by rain or
mud. The case shall be reported to the
commission for such action, as it may deem proper.
(d) Upon
approval of the stewards, the jockeys may be allowed up to three pounds more
than published and announced weights to account for inclement weather clothing
and equipment when weighing in.
(e) The
post-race weight of jockeys includes any sweat, dirt and mud that have
accumulated on the jockey, jockey’s clothing and
jockey’s safety equipment. This accounts
for additional weight, depending on specific equipment, as well as weather, track and racing conditions.
[(11)] (12) Dead
heats.
(a) When
a race results in a dead heat, the dead heat shall not be run off, owners shall
divide except where division would conflict with the conditions of the races.
(b) When
two horses run a dead heat for first place, all purses
or prizes to which first and second horses would have been entitled shall be
divided equally between them; and this applies in dividing all purses or prizes
whatever the number of horses running a dead heat and whatever places for which
the dead heat is run.
(c) In a dead heat for
first place, each horse involved shall be deemed a winner and liable to penalty for the amount it shall receive.
(d) When
a dead heat is run for second place and an objection is made to the winner of
the race, and sustained, the horses, which ran a dead
heat, shall be deemed to have run a dead heat for first place.
(e) If
the dividing owners cannot agree as to which of them is to have a cup or other
prize, which cannot be divided, the question shall be determined by lot by the
stewards.
(f) On
a dead heat for a match, the match is off for pari-mutuel payoffs and mutuels
are refunded.
[15.2.5.13 NMAC - Rp, 15 NMAC 2.5.13, 3/15/2001; A, 8/30/2007; A,
12/1/2008; A, 6/30/2009; A, 9/15/2009; A, 8/16/2010; A, 9/1/2010; A,
10/15/2014; A, 6/1/2016; A, 12/16/2016; A, 12/19/2019; A 4/9/2024]
15.2.5.14 PROTESTS, OBJECTIONS AND INQUIRIES:
A. Stewards to inquire: The
stewards shall take cognizance of foul riding and, upon their own motion or
that of any racing official or person empowered by this chapter to object or
complain, shall make diligent inquiry or investigation into such objection or
complaint when properly received.
B. Race objections:
(1) An
objection to an incident alleged to have occurred during the running of a race
shall be received only when lodged with the clerk of scales, the stewards or their designees, by the owner, the authorized
agent of the owner, the trainer or the jockey of a horse engaged in the same
race.
(2) An objection
following the running of any race must be filed before the race is declared
official, whether all or some riders are required to weigh in, or the use of a
"fast official" procedure is permitted.
(3) The stewards shall
make all findings of fact as to all matters occurring during an incident to the
running of a race; shall determine all objections and inquiries, and shall
determine the extent of disqualification, if any, of horses in the race. Such findings of fact and determination shall
be final for pari mutuel payout purposes.
C. Prior objections:
(1) Objections to the
participation of a horse entered in any race shall be made to the stewards in
writing, signed by the objector, and filed [not later than one hour prior to
post time for the first race on the day which the questioned horse is entered.]
no later than post time for the race in which the objection was filed.
Any such objections shall set forth the specific
reason or grounds for the objection in such detail so as to
establish probable cause for the objection.
The stewards upon their own motion may consider an objection until such
time as the horse becomes a starter.
(2) An
objection to a horse which is entered in a race may be made on, but not limited
to, the following grounds or reasons:
(a) a
misstatement, error or omission in the entry under
which a horse is to run;
(b) the
horse, which is entered to run, is not the horse it is represented to be at the
time of entry, or the age was erroneously given;
(c) the
horse is not qualified to enter under the conditions specified for the race, or
the allowances are improperly claimed or not entitled the horse, or the weight
to be carried is incorrect under the conditions of the race;
(d) the
horse is owned in whole or in part, or leased or trained by a person ineligible
to participate in racing or otherwise ineligible to own a racehorse as provided
in these rules;
(e) the
horse was entered without regard to a lien filed previously with the racing
secretary;
(f) the horse is subject of a rule
violation.
(3) The stewards may
scratch [from the race any horse] any horse from the race, which
is the subject of an objection if they have reasonable cause to believe that
the objection is valid.
D. Protests:
(1) A protest against
any horse, which has started in a race, shall be made to the stewards in
writing, signed by the protestor, and must be accompanied by a fee in the
amount of $1000 in the form of a cashier’s check or money order within 48 hours
of the race. If the incident upon which
the protest is based occurs within the last two days of the meeting, such
protest may be filed with the commission within 48 hours exclusive of
Saturdays, Sunday or official holidays.
Any such protest shall set forth the specific reason or reasons for the
protest in such detail as to establish probable cause for the protest.
(2) A protest may be
made on any of the following grounds:
(a) any grounds for
objection as set forth in this chapter;
(b) the order of
finish as officially determined by the stewards was incorrect due to oversight
or errors in the numbers of the horses, which started the race;
(c) a jockey, trainer,
owner or lessor was ineligible to participate in
racing as provided in this chapter;
(d) the weight carried
by a horse was improper, by reason of fraud or willful misconduct;
(e) an unfair
advantage was gained in violation of the rules;
(f) the
disqualification of a horse(s).
(3) Notwithstanding
any other provision in this article, the time limitation on the filing of
protests shall not apply in any case in which fraud or willful misconduct is
alleged provided that the stewards are satisfied that the allegations are bona
fide and verifiable.
(4) No
person shall file any objection or protest knowing the same to be inaccurate,
false, untruthful or frivolous.
(5) The
commission may fine any license holder an amount of up $2,500 after considering
protest, if based on the evidence they determine that the protest is frivolous,
unreasonable or unnecessary.
(6) If
a license holder who appealed fails to appear for any scheduled hearing without
providing five days prior notice, the stewards or the commission may impose
costs.
(7) The stewards may
order any purse, award or prize for any race withheld from distribution pending
the determination of any protest. In the
event any purse, award or prize has been distributed to an owner or for a horse
which by reason of a protest or other reason is disqualified or determined to
be not entitled to such purse, award or prize, the stewards or the commission
may order such purse, award or prize returned and redistributed to the rightful
owner or horse. Any person who fails to
comply with an order to return any purse, award or prize erroneously
distributed shall be subject to fines and suspension.
E. Race review committee:
(1) If
a timely objection concerning a race is filed in accordance with the rules, the
agency director may refer the objection to the race review committee who shall
consist of three members appointed by the commission. The agency director shall issue and send, or
deliver, to the objecting party a notice of hearing stating the date, time and
place at which the race review committee will hear the appeal. The notice of hearing shall also be sent, or
delivered, to any trainer or owner the placement of whose horse may be affected
by the outcome of the appeal. The race
review committee shall review the official tape or tapes of the race. Affected parties shall be given the opportunity
to state their positions to the committee.
(2) The
committee shall state its conclusions as to the merits of the objection and
shall make a recommendation to the commission as to whether to uphold the
stewards’ determination, or to revise the order of finish. The commission shall then make the final
determination as to the order of finish.
The race review committee and the commission may only address the issues
raised in the appeal filed.
[15.2.5.14 NMAC -
Rp, 15 NMAC 2.5.14, 3/15/2001; A, 8/30/2001; A, 6/15/2004; A, 9/15/2009; A,
4/20/2021; A 4/9/2024]