New
Mexico Register / Volume XXXV, Issue 7 / April 9, 2024
This is an amendment
to 16.47.1 NMAC, Sections 8, 10, 17 and 18, effective 4/9/2024.
16.47.1.8 GENERAL
PROVISIONS:
A. Licenses required: A person
as defined by 15.2.1.7 NMAC shall not participate in [pari
mutuel] pari-mutuel racing under the jurisdiction of the commission
or be employed by an association who is a gaming operator, without a valid
license issued by the commission.
(1) License categories shall include the
following and others as may be established by the commission: Group A - racing participants
eligible for an optional annual or triennial year license to include owners,
trainers, veterinarians, jockeys, and stable name registrations. Group B - associations, racing
professionals, concession operators, contractors, and managerial racing
officials. Group C - supervisory
racing officials. Group D - persons
employed by the association or employed by a person or concern contracting with
the association, to provide a service or commodity, which requires their
presence in a restricted area, or anywhere on association grounds while [pari mutuel] pari-mutuel wagering is being conducted. Group E - racetrack employees and
authorized agents.
(2) Persons required to be licensed shall
submit a thoroughly and accurately completed
application on forms furnished by the commission and accompanied by the
required fee. Persons seeking
licensure as an authorized agent for an owner under the age of 18 shall be
required to be 18 years or older and shall submit fingerprints to undergo a
background check. The following fees
are assessed for the issuance of the specified licenses. In addition to license fees listed herein,
$20.00 is assessed for each identification picture and badge.
Announcer |
$ 75.00 |
Assistant general manager |
$100.00 |
Assistant racing secretary |
$ 20.00 |
Association |
$100.00 |
Auditor, official |
$ 75.00 |
Authorized agent |
$ 10.00 |
Clerk of scales |
$ 20.00 |
Clocker |
$ 20.00 |
Club, racetrack |
$100.00 |
Concession employee |
$ 10.00 |
Concession operator |
$100.00 |
Custodian of jockey room |
$ 20.00 |
Director or corporate officer |
$100.00 |
Director of operations |
$ 75.00 |
Director of racing |
$ 75.00 |
Exercise person |
$ 20.00 |
General manager |
$100.00 |
Groom |
$ 10.00 |
Horseman's bookkeeper |
$ 20.00 |
Identifier (horse) |
$ 20.00 |
Janitor |
$ 10.00 |
Jockey (3 year) |
$200.00 |
Jockey (1 year) |
$100.00 |
Jockey (apprentice) (3 year) |
$200.00 |
Jockey (apprentice) (1 year) |
$100.00 |
Jockey agent |
$ 75.00 |
Jockey valet |
$ 10.00 |
Laborer |
$ 10.00 |
Office personnel (specify position) |
$ 10.00 |
Official veterinarian (3 year) |
$200.00 |
Official veterinarian (1 year) |
$100.00 |
Outrider |
$ 20.00 |
Owner (3 year) |
$200.00 |
Owner (1 year) |
$100.00 |
Paddock judge |
$ 20.00 |
Pari mutuel employee |
$ 10.00 |
Pari mutuel manager |
$ 75.00 |
Placing judge |
$ 20.00 |
Photo employee |
$ 10.00 |
Plater |
$100.00 |
Pony person |
$ 10.00 |
Private barns |
$100.00 |
Racing secretary-handicapper |
$ 75.00 |
Security chief |
$ 75.00 |
Security staff |
$ 10.00 |
Simulcast company employee |
$ 10.00 |
Simulcast coordinator |
$ 75.00 |
Simulcast operator |
$100.00 |
Special event, 1 or 2 day |
$200.00 |
Stable name (3 year) |
$200.00 |
Stable name (1 year) |
$100.00 |
Stable superintendent |
$ 75.00 |
Starter |
$ 75.00 |
Starter assistant |
$ 20.00 |
Ticket seller (admissions) |
$ 10.00 |
Timer |
$ 20.00 |
Totalisator employee |
$ 10.00 |
Totalisator operator |
$100.00 |
Track maintenance, employee |
$ 10.00 |
Track physician |
$100.00 |
Track superintendent |
$ 75.00 |
Trainer (3 year) |
$200.00 |
Trainer (1 year) |
$100.00 |
Trainer assistant |
$ 20.00 |
Veterinarian assistant |
$ 20.00 |
Veterinarian, practicing (3 year) |
$200.00 |
Veterinarian, practicing (1 year) |
$100.00 |
Veterinarian, racing (3 year) |
$200.00 |
Veterinarian, racing (1 year) |
$100.00 |
Watchman |
$ 10.00 |
(3) License applicants shall be required
to furnish to the commission a set(s) of fingerprints and a recent
photograph. Any license applicant that is
under the age of 18 years of age is exempt from the requirement to submit
fingerprint cards.
(a) All
license applicants shall be required to be re-fingerprinted every six years and
re-photographed periodically as determined by the commission.
(b) Requirements
for fingerprints may be fulfilled by:
(i) submission of fingerprints; or
(ii) verification
that fingerprints were submitted for processing;
(iii) submission
of a fingerprint reciprocity affidavit; or
(iv) provide
proof of licensure from another jurisdiction to which fingerprints were
submitted within the last six years.
(4) License
applicants for groom, watchman, exercise and pony
persons must submit to a drug (controlled substances) and alcohol-screening
test when making application for license.
(5) As
a participant of the national racing compact licensing program and as an
alternative to the licensure requirements set forth in Paragraphs (2) through
(4) of Subsection A of 16.47.1.8 NMAC, the commission may authorize applicants
to utilize the national racing compact licensing program to obtain a New Mexico
racing license subject to the applicable licensure fees set forth in Paragraph
(2) of Subsection A of 16.47.1.8 NMAC.
B. Multi-state licensing
information: Applicants may be permitted to submit an
association of racing commissioners international, incorporated multi-state
license information form and association of racing commissioners international,
incorporated fingerprint card and thereby obtain a criminal record check that
can be used in other jurisdictions.
C. Age requirement:
(1) Applicants for licensing, except
owners, must be a minimum of 14 years of age, but no one under the age of 16
may be licensed as a pony person or exercise person and no one under the age of
18 may be licensed as an authorized agent or jockey agent.
(2) A licensee must be a minimum of 14
years of age to handle a horse in the paddock.
D. Consent to
investigation: The filing of an application for license
shall authorize the commission and the board to investigate criminal and
employment records, to engage in interviews to determine applicant's character
and qualifications, and to verify information provided by the applicant.
E. Consent to search and
seizure: By acceptance of a license, a licensee
consents to search and inspection by the commission or its agents and to the
seizure of any prohibited medication, drugs, paraphernalia
or devices in accordance with state and federal law.
F. Approval
or recommendations by stewards: The commission may designate categories of
licenses, which shall require stewards' prior approval or recommendation. Prior approval will include exercise riders,
pony riders, and apprentice jockeys.
G. Employer
responsibility:
(1) The employment of any unlicensed
person under the jurisdiction of the commission is prohibited.
(2) Every employer shall report the
discharge of any licensed employee in writing to the stewards, including the
person's name and occupation.
H. Employer endorsement
of license applications: The license application of an employee
must be signed by the employer.
I. Financial
responsibility:
(1) All persons engaged in racing shall
maintain financial responsibility in matters pertaining to racing and the
Parental Responsibility Act.
(2) Any person licensed by the commission
may file a financial responsibility complaint against another licensee. Any financial responsibility complaint
against a licensee shall be in writing, signed by the complainant, and
accompanied by documentation of the services, supplies or fees alleged to be
due in connection with his/her operations as a licensee. A judgment from a civil court, which has been
issued within one year of the date of the complaint, may be honored by the
stewards as long as at least the defendant is a licensee.
J. License
refusal: The commission may refuse to issue a license and give the applicant the
option of withdrawal of an application without prejudice. If an applicant is refused, the applicant may
reapply for a license.
K. License denial:
(1) The commission may formally deny an
application in accordance with these rules.
(2) An application denied, if requested
by the applicant, shall be reported in writing to the applicant denied stating
the reasons for denial, and the date when a reapplication may be submitted.
(3) An application denied may be reported
to the association of racing commissioners international, incorporated
and North American pari mutuel regulators association
whereby other racing jurisdictions shall be advised.
L. Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license:
(1) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant:
(a) has been convicted of a felony;
(b) has been convicted of violating any
law regarding gambling or a controlled dangerous substance;
(c) who is unqualified, by experience or
otherwise, to perform the activities for which a license is required, or who
fails to pass an examination prescribed by the commission;
(d) has failed to disclose or falsely
states any information required in the application;
(e) has been found in violation of rules
governing racing in this state or other jurisdictions;
(f) has been found to have made false or
misleading statements to the commission, stewards, or any racing official;
(g) has
been or is currently excluded from association grounds by a recognized racing
jurisdiction;
(h) has had a license denied, suspended,
or revoked by any racing jurisdiction;
(i) is
a person whose conduct or reputation may adversely reflect on the honesty and
integrity of horse racing or interfere with the orderly conduct of a race
meeting; interfering with the orderly conduct of a race meeting shall include,
but is not limited to, disruptive or intemperate behavior or behavior which
exposes others to danger anywhere on the racetrack grounds; the fact that the
race meet was not actually interrupted is not a defense to the imposition of
discipline under this rule;
(j) demonstrates a lack of financial
responsibility by accumulating unpaid obligations, defaulting on obligations or
issuing drafts or checks that are dishonored, or payment refused; for the
purpose of this sub-section, non-compliance with the Parental Responsibility
Act shall be considered grounds for refusal, denial, suspension, or revocation
of a license; the application, or license as applicable, shall be reinstated if
within 30 days of the date of the notice, the applicant provides the commission
with a certified statement from the department that they are in compliance with
a judgment and order for support;
(k) is ineligible for employment pursuant
to federal or state law concerning age or citizenship;
(l) is disrespectful or intimidates any
official, commissioner, or commission staff or any other licensee;
(m) attempts to influence any racing
official or commission staff member;
(n) has knowingly filed a false complaint
against another licensee or a racing official where the racing commission or
the stewards determine that the complaint was made without reasonable or
probable cause and for the purpose of the harassment or abuse of the complaint
process;
(o) has engaged in conduct unbecoming or
detrimental to the best interests of racing.
(2) A license suspension or revocation
shall be reported in writing to the applicant and the association of racing
commissioners international, incorporated, whereby other racing jurisdictions
shall be advised.
(3) Any license denied, suspended or revoked by the commission pursuant to these
rules shall state the time period for the effect of its ruling. When the action is taken for a misdemeanor or
felony conviction, the time period shall be the period
of the licensee’s or applicant’s imprisonment; or if not imprisoned, the period
of probation, deferral, unless the person can satisfy the commission of
sufficient rehabilitation. This rule
shall also apply to licensees who voluntarily turn in their license because of,
or in anticipation of, a conviction.
(4) If
a license is suspended or revoked by the commission or stewards pursuant to
these rules the commission or stewards may probate all or any portion of the
suspension.
(a) The
order or ruling entered placing a licensee on probation shall state the
specific probationary period and the terms and conditions of the probation.
(b) The
terms and conditions of the probation must have a reasonable relationship to
the violation and may include:
(i) passing a prescribed examination in
a specific area;
(ii) periodic
reporting to the commission, stewards or other designated person on any matter
that is the basis of the probation;
(iii) a
medical evaluation and completion of a prescribed treatment program; and
(iv) other
terms and condition as specified in the order or ruling that are reasonable and
appropriate.
(c) If
the commission or stewards determine the licensee has failed to comply with the
terms of the probation, the probation may be revoked on three days’ notice to
the licensee and the licensee may be required to appear before the New Mexico
racing commission. Failure to comply
with the terms of the probation may subject the licensee to additional
disciplinary action.
M. Duration of license:
(1) All annual licenses, with the exception of the authorized agent, issued by the
commission expire one year from the last day of the month issued. All triennial licenses expire three years
from the last day of the month issued.
(2) A license is valid only under the
condition that the licensee remains eligible to hold such license.
N. Changes in application
information:
(1) During the period for which a license
has been issued, the licensee shall report to the commission changes in information
provided on the license applications as to current legal name, marital status,
permanent address, telephone number, email address, criminal
convictions, license suspension of 10 days or more and license revocations in
other jurisdictions
(2) A child or spouse pass, or a change
in current legal name requires a completed application on forms furnished by
the commission and payment of a photo badge fee.
(3) A licensee
requesting a first time badge replacement shall submit a completed application
on forms furnished by the commission and payment of a photo badge fee. Any subsequent badge replacements require the
licensee to submit a completed application on forms furnished by the commission
and payment of the original license fee.
O. Temporary licenses:
(1) The commission may establish
provisions for temporary licenses, or may permit
applicants to participate in racing pending action on an application. No person may engage in horse racing or be
employed on the licensee's premises unless he has been licensed by the
commission with the exception of casino employees and
also food concession employees who work in non-restricted areas.
(2) The commission may grant an
association, who is not conducting a live horse race meeting, a grace period of
30 days to obtain the required licenses for its simulcast employees. An association shall provide to the commission
each month, an employment roster for all simulcast employees.
P. More
than one license: More than one license to participate in
horse racing may be granted except when prohibited by these rules due to a
potential conflict of interest. An applicant for a license shall be
subject to obtaining a license for each category for which an applicant will be
participating, subject to the approval of the board of stewards.
(1) The commission may refuse, deny, suspend or revoke the license of a person whose spouse holds
a license and which the commission or stewards find to be a conflict of
interest.
(2) A racing official who is an owner of
either the sire or dam of a horse entered to race shall not act as an official
with respect to that race.
(3) A person who is licensed as an owner
or trainer in a horse registered for racing at a race meeting in this
jurisdiction shall not be employed or licensed as a jockey, apprentice jockey;
jockey agent; racing official; assistant starter; track maintenance supervisor;
jockey room custodian; valet; outrider; racing chemist, testing laboratory
employee, or security personnel.
R. License presentation:
(1) A person must present an appropriate
license or other authorization issued by the commission to enter a restricted
area. The commission may issue
authorization to the spouse or child of a licensed owner, trainer
or jockey to enter a restricted area.
(2) The stewards may require visible
display of a license while the licensee is engaged in the duty for which he/she
is licensed and on the association grounds unless the licensee is mounted on a
horse.
(3) A license may only be used by the
person to whom it is issued.
S. Temporary
access authority: Track security may authorize unlicensed
persons temporary access to restricted areas.
Such person shall be identified
and their purpose and credentials verified and approved in writing by track
security. Such authorization or
credential may only be used by the person to whom it is issued.
T. Knowledge of rules: A licensee
shall be knowledgeable of the rules of the commission; and by acceptance of the
license, agrees to abide by the rules.
U. Protection of horses:
(1) Each person licensed by the
commission shall do all that is reasonable and within their power and scope of
duty to guard against and prevent the administration of any drug, medication or other substance, including permissible
medication in excess of the maximum allowable level, to any horse entered or to
be entered in an official workout or race, as prohibited by these rules.
(2) No licensee or other person under the
jurisdiction of the commission shall subject or permit any animal under their
control, custody or supervision to be subjected to or
to incur any form of cruelty, mistreatment, neglect or abuse or abandon,
injure, maim or kill or administer any noxious substance to or deprive any
animal of necessary care or sustenance, shelter or veterinary care.
V. Restrictions:
(1) Cellular telephone
use is prohibited:
(a) on
the race track surface beginning one half hour before first post through the
last race becoming official; and
(b) behind
the starting gate during racing hours.
(2) The
association shall be responsible for posting notices of the cellular telephone
prohibition in these restricted areas.
[16.47.1.8 NMAC - Rp, 16 NMAC 47.1.8, 3/15/2001, A, 08/30/2001; A,
11/15/2001; A, 12/14/2001; A, 2/14/2002; A, 11/14/2002; A, 3/31/2003; A,
7/15/2003; A, 9/29/2006; A, 3/30/2007; A, 8/14/2008; A, 6/15/2009; A,
9/15/2009; A, 1/1/2014; A, 4/1/2014; A, 6/1/2016; A, 12/16/2016; A, 7/1/2017;
A, 3/14/2018; A, 2/25/2020; A, 5/24/2022; A, 4/9/2024]
16.47.1.10 TRAINERS:
A. Eligibility:
(1) An applicant for a license as trainer
or assistant trainer must be at least 18 years of age.
(2) The board of stewards may first determine
whether an applicant for a license as a trainer or assistant trainer has taken
an examination in another pari-mutuel jurisdiction prior to applying for a
license in New Mexico. The board of
stewards shall have sole discretion in which jurisdiction to reciprocate
licensing.
[(2)] (3) Applicants
not previously licensed as a trainer or assistant trainer in New Mexico
or applying for a renewal license as a trainer shall be qualified, as
determined by the stewards or other commission designee, by reason of:
(a) At
least [two] five years experience as a
licensed groom, jockey, exercise rider, or pony
person [, plater or owner who is actively participating in the stable
area. An owners’ license will only be
accepted if licensee can prove they are a “hands-on” owner actively working as
a groom at the racetrack on their own horses under the supervision of a
licensed trainer].
(b) Shall
be required to pass [a] the New Mexico racing commission’s sanctioned
written trainers examination, with a minimum score of [80] eighty
percent in each category, an oral [interviews] interview with the
board of stewards [and a regulatory veterinarian;] and pass a
[demonstrate] demonstration of practical skills.
(c) Must
submit two written statements from trainers currently licensed in New Mexico as
to the character and qualifications of the applicant and one written statement
from a currently licensed owner stating intent to place one or more horses with
the applicant, when licensed.
(d) Applicants
failing the first written/oral examination must wait [30] 90 days
before retaking the trainer’s test.
(e) Applicants
failing the second written/oral examination must wait [60] 180
days before retaking the trainer’s test.
(f) Applicants
failing the third written/oral examination must wait one year before retaking
the trainer’s test.
[(3)] (4) [A trainer
licensed and in good standing in New Mexico applying for a renewal license or a
trainer from another jurisdiction, and the license having been issued within a
24 month period, may be accepted if evidence of experience and qualifications
are provided. In addition, the licensee
must have no record of a class 1 or 2 violation, in
the preceding 24 month period in any jurisdiction for it to be accepted. Evidence of qualifications shall require
passing one or more of the following:] Any trainer who has been the
subject of a medication violation or investigation in any jurisdiction is
subject to an oral examination conducted by the stewards; a demonstration of
practical skills; or a New Mexico racing commission’s sanctioned written
trainers examination and must pass with a minimum score of eighty percent in
each category.
[(a) a written test;]
[(b) a demonstration of practical skills;]
[(c) an interview with the stewards.]
[(4)] (5) Upon
timely request to the steward’s or commission designee due to disability or
other factors affecting the applicant’s ability to effectively complete the
trainer’s test (such as illiteracy or language barriers), reasonable
accommodations shall be made for the applicant including, but not limited to,
oral administration of the examination, use of a pre-approved translator, and
aid from pre-approved assistant where deemed appropriate by the stewards or
commission designee administering the examination.
[(5)] (6) Failure
to start a minimum of one horse every six months while holding a trainer’s
license [will subject] shall require licensee to retest or
interview before the board of stewards.
(7) Any trainer who has obtained a
trainer’s license in another jurisdiction but has failed to start a minimum of
five horses in a jurisdiction that conducts pari-mutuel wagering, will be
required to pass an oral examination before the New Mexico board of stewards, a
demonstration of practical skills administered by a New Mexico racing
commission designee; and take the New Mexico commission sanctioned written
trainers examination and must pass with a minimum score of eighty percent in
each category.
(8) Any potential trainer or assistant
trainer who has started the licensing process in the state of New Mexico and
obtains a trainer’s or assistant trainer’s license in another jurisdiction will
be required to pass an oral examination before the New Mexico board of
stewards, a demonstration of practical skills administered by a New Mexico
racing commission designee, and take the New Mexico racing commission
sanctioned written trainers examination and must pass with a minimum score of
eighty percent in each category.
(9) Any trainer or assistant trainer who
has passed the HISA written examination will also be required to pass an oral
examination before the New Mexico board of stewards, a demonstration of
practical skills administered by a New Mexico racing commission designee and
take a New Mexico racing commission sanctioned written trainers examination and
must pass with a minimum score of eighty percent in each category.
B. Absolute insurer:
(1) The trainer is the absolute insurer
of the condition of horses entered in an official workout or race and is
responsible for the presence of any prohibited drug or medication, or other
prohibited substance in such horses. A
positive test for a prohibited drug or medication or other prohibited substance
or the presence of permitted medication in excess of
maximum allowable levels as reported by a commission-approved laboratory is
prima facie evidence of a violation of this rule. The trainer is absolutely
responsible regardless of the acts of third parties.
(2) A trainer must prevent the
administration of any drug or medication or other prohibited substance that may
cause a violation of these rules.
(3) A trainer whose horse has been
claimed remains the absolute insurer for the race in which the horse is
claimed.
C. Other responsibility: A trainer is responsible for:
(1) the condition and contents of stalls,
tack rooms, feed rooms, sleeping rooms and other areas which have been assigned
by the association;
(2) maintaining the assigned stable area
in a clean, neat, and sanitary condition at all times;
(3) ensuring that fire prevention rules
are strictly observed in the assigned stable area;
(4) providing a list to the chief of security
of the trainer's employees on association grounds and any other area under the
jurisdiction of the commission; the list shall include each employee's name,
occupation, social security number, and occupational license number; the chief
of security shall be notified by the trainer, in writing, within 24 hours of
any change;
(5) the proper identity, custody, care,
health, condition, and safety of horses in their charge;
(6) disclosure of the true and entire
ownership of each horse in their care, custody or
control; any change in ownership must be reported immediately to, and approved
by, the stewards and recorded by the racing secretary;
(7) training all horses owned wholly or in
part by them which are participating at the race meeting; registering with the
racing secretary each horse in their charge within 24 hours of the horse's
arrival on association grounds;
(8) immediately notify the stewards and
commission veterinarian of all out-of-state certified horses on furosemide;
(9) having each horse in their care that
is racing, or is stabled on association grounds, tested for equine infectious
anemia (EIA) and for filing evidence of such negative test results with the
racing secretary as required by the commission;
(10) using
the services of those veterinarians licensed by the commission to attend horses
that are on association grounds;
(11) immediately
reporting the alteration in the sex of a horse in their care to the horse
identifier and the racing secretary, whose office shall note such alteration on
the certificate of registration;
(12) promptly
reporting to the racing secretary and the official veterinarian any horse on
which a posterior digital neurectomy (heel nerving) is performed and ensuring
that such fact is designated on its certificate of registration;
(13) promptly
notifying the official veterinarian of any reportable disease and any unusual
incidence of a communicable illness in any horse in their charge;
(14) promptly
reporting the death of any horse in their care on association grounds to the
stewards and the official veterinarian and compliance with the rules in
Subsection C of 15.2.6.12 NMAC governing post-mortem examinations;
(15) maintaining
a knowledge of the medication record and status of all horses in their care;
(16) immediately
reporting to the stewards and the official veterinarian if they know, or has
cause to believe, that a horse in their custody, care or control has received
any prohibited drugs or medication;
(17) representing
an owner in making entries and scratches and in all other matters pertaining to
racing; horses entered as to eligibility and weight or
other allowances claimed;
(18) horses
entered as to eligibility and weight or other
allowances claimed;
(19) ensuring
the fitness of a horse to perform creditably at the distance entered;
(20) ensuring
that their horses are properly shod, bandaged, and equipped; 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;
(21) ensuring
that horses are properly bandaged, and equipped; and 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 hose 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;
(22) presenting horse in the paddock at
least 20 minutes before post time or at a time otherwise appointed before the
race in which the horse is entered;
(23) personally
attending to their horses in the paddock and supervising the saddling thereof,
unless excused by the stewards; if the trainer is excused, the trainer must
secure another trainer or assistant trainer who is licensed by the commission
to assume those duties;
(24) instructing the jockey to give their
best effort during a race and that each horse shall be ridden to win;
(25) attending the collection of urine or
blood sample from the horse in their charge or delegating a licensed employee
or the owner of the horse to do so; and
(26) notifying horse owners upon the
revocation or suspension of their trainer's license; upon application by the
owner, the stewards may approve the transfer of such horses to the care of
another licensed trainer, and upon such approved transfer, such horses may be
entered to race.
D. Assistant trainers:
(1) A trainer may employ an assistant
trainer, who shall be equally responsible with the employing trainer for the
condition of the horses in their care.
The name of the assistant trainer shall be shown on the official program
along with that of the employing trainer.
(2) Qualifications for obtaining an
assistant trainer's license shall be prescribed by the stewards and the
commission may include those requirements prescribed in Paragraph (1) of
Subsection A of 16.47.1.10 NMAC.
(3) An assistant trainer must be licensed
for a minimum of two years as an assistant trainer before being eligible to
obtain a trainer’s license.
(4) If an assistant
trainer passed the written examination with a minimum score of 80 percent in
each category within the previous 48 months, the licensee is not required to
retake the test in order to obtain their trainer’s
license.
(5) An assistant
trainer shall assume the same duties and responsibilities as imposed on the
licensed trainer.
(6) The trainer shall be jointly responsible for the assistant trainer's compliance with the rules governing racing.
(7) A trainer that is involved in, or notified of, or under suspension for 30 days or more of a drug or rule violation, shall not transfer their horses to his or her assistant trainer or an employee of the trainer.
E. Substitute trainers:
(1) If any licensed trainer is prevented
from performing his duties or is absent from the track where he is
participating, the stewards shall be immediately notified, and at the same
time, a substitute trainer or assistant trainer, acceptable to the stewards,
shall be appointed. The stewards shall
be advised when the regular trainer resumes his duties.
(2) A substitute trainer must accept
responsibility for the horses in writing and be approved by the stewards.
(3) A substitute trainer and the absent
trainer shall be jointly responsible as absolute insurers of the condition of
their horses entered in an official workout or race pursuant to Paragraphs (1),
(2) and (3) of Subsection B of 16.47.1.10 NMAC.
F. Program trainers:
(1) A
program trainer, as defined in 15.2.1 NMAC, is a licensed trainer who, solely
for the purposes of the official race program, is identified as the trainer of
a horse that is actually under the control of, and
trained by another person who may or may not hold a current trainer’s license
in any jurisdiction Any trainer shall be deemed a program trainer if they:
(a) enter
into an agreement on behalf of an unlicensed, ineligible
or suspended trainer for the sole purpose of completing an entry form for a
race;
(b) pay
an entry, nomination or starter fee on behalf of an
unlicensed, ineligible or suspended trainer;
(c) receive
a financial or beneficial interest from an unlicensed, ineligible
or suspended trainer for the sole purpose of being listed as the trainer on the
official race program; or
(d) obtain
official works within New Mexico’s jurisdiction on behalf of an unlicensed, ineligible or suspended trainer; or
(e) solicit
or accepts a loan of anything of value from the unlicensed, ineligible
or suspended trainer; or
(f) use
the farm or individual name of the unlicensed, ineligible
or suspended trainer when billing customers; or
(g) pay
any compensation to the unlicensed, ineligible, or suspended trainer.
(2) A
licensed trainer who violates Paragraph (1) of this subsection will be subject
to the following penalties:
(a) First
offense - six month suspension and a $5,000 fine.
(b) Second
offense - one year suspension and a $10,000 fine.
(c) Third
offense - license revocation with a three year ban on re-application and
$20,000 fine.
(d) A
fourth or subsequent offense shall carry the same penalty as that imposed for a
third offense, and the penalties will run consecutively.
(3) On
request by the commission or any of its agents, a person who assumes the care, custody or control of the horses of the unlicensed,
ineligible or suspended trainer, shall permit the commission or its agents to
examine all financial or business records to ensure compliance with this
section.
[16.47.1.10 NMAC - Rp, 16 NMAC 47.1.10, 3/15/2001; A, 11/15/2001; A,
3/30/2007; A, 8/30/2007; A, 6/30/2009; A, 9/15/2009; A, 7/5/2010; A, 5/16/2014;
A, 9/15/2014; A, 3/15/2016; A, 6/1/2016; A, 12/16/16; A, 3/14/2018; A,
2/25/2020; A, 12/28/2021; A, 4/9/2024]
16.47.1.17 HUMAN DRUG OR CONTROLLED SUBSTANCE AND ALCOHOL TESTING:
A. [General
provisions: The following rules in this chapter establish
and describe requirements, criteria, standards and
procedures for human substance abuse testing for occupational licensees
licensed by the commission.] If a licensee has a medical condition which
makes it necessary to possess or use a prohibited substance, or prescribed or
controlled substance pursuant to Paragraph B of 15.2.6.8 NMAC, the licensee
shall provide to the stewards a letter signed by a licensed physician,
physician assistant, or nurse practitioner certifying that the consumption of
the prohibited, or prescribed, or controlled substances will not adversely
affect the divided attention, psychophysical abilities of the licensee, to
include but not limited to reaction time and the ability to judge time and
distance. The letter must certify that
the prohibited, or prescribed, or controlled substance will not affect a
licensee’s ability to carry out their responsibilities properly and safely
while in the performance of their duties which includes being in actual
physical control of a large equine animal or operating mechanical equipment on
the grounds of the association and will not jeopardize the health, safety and
welfare of the other individuals participating.
B. [Prohibited
actions: All licensees shall be deemed to be exercising the privileges of their
license, and to be subject to the requirements of these rules, when engaged in
activities that could affect the outcome of a race or diminish the conditions
of safety or decorum required in restricted areas.]
[C.] Restricted activities: All
licensees may be subject to testing for controlled substances, drugs and alcohol.
It shall be [an offense to exercise the privileges granted by
a license from this commission] a violation for a licensee to utilize
their commission issued license if the licensee:
(1) is
engaged in illegal sale or distribution of alcohol or a controlled substance;
(2) possesses,
without a valid prescription, a controlled substance;
(3) is
intoxicated or under the influence of alcohol [or a controlled substance];
(4) is
addicted, having been determined to be so by a professional evaluation, to
alcohol or other drugs and not engaged in an abstinence-based program of
recovery acceptable to the commission;
(5) has
in [his/her] their possession within the [enclosure] association
grounds, any equipment, products or materials of any kind which are used or
intended for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human body a
controlled dangerous substance;
(6) refuses
to submit to drug [urine or] or
controlled substances or alcohol testing, [when notified that such testing
is based on a random drug testing procedure, is based on reasonable suspicion
that the person is using drugs or alcohol or is based on the licensee's acting
as if in an impaired condition] or both; [or]
(7) presently has drugs [(controlled
substances)] or controlled substances or alcohol in [his/her] their
body. [With regard to alcohol, the
results of a test showing a reading of more than five hundredths percent of
alcohol in the blood, urine, saliva or other bodily
fluids of licensees in non-safety sensitive positions shall be the criterion
for a finding of alcohol present in the body.
With regard to other controlled substances,
presence of the drug in any quantity measured by the testing instrument
establishes the presence of the drug for purposes of this paragraph. Licensees in safety sensitive positions,
jockeys, starters, assistant starters, exercise riders, pony persons, ambulance
personnel, and outriders are in violation of this rule if they have any
measurable level of alcohol.]
C. With regard to alcohol, the
results of a breath test showing a reading of more than .08 BAC in the sample
provided by a licensee in a non-safety sensitive position shall be the
criterion for a finding of alcohol present in the body. Such results shall operate as prima facie
evidence of the presence of alcohol in a prohibitive amount in a licensee.
D. Licensees in safety positions, as determined by the
stewards are in violation of this rule if they have any measurable level of
alcohol, as determined by a breathalyzer test.
Such results shall operate as prima facie evidence of the presence of
alcohol in a prohibitive amount in the licensee.
E. There is zero tolerance for trainers and assistant
trainers to be under the influence of controlled substances or alcohol or both
while saddling horses in the paddock.
[16.47.1.17 NMAC -
Rp, 16 NMAC 47.1.16, 3/15/2001; Rp, 16.47.1.16 NMAC, 7/1/2017; A, 9/26/2018; A,
4/9/2024]
16.47.1.18 TESTING PROCEDURES:
A. [General:] Controlled Substance
and Drug Testing:
(1) At its discretion, the commission may
conduct random or episodic random drug testing, as well as testing based on
reasonable suspicion, in order to ensure safety on the
[racetrack]association grounds.
(2) [When conducted, random drug
testing shall apply, equally, to all licensees who are, at the time of the
random testing, exercising the privileges of their license in such ways as may
affect the outcome of a race or diminish the conditions of safety or decorum
required in restricted areas.] All licensees may be subject to testing
for controlled substances and drugs.
(3) No advance notice need be
given [as to onset or cessation of random testing].
(4) Refusing to test,
failing to appear for a test, leaving before the test is over or otherwise
failing to cooperate shall be considered a positive test. If this occurs during a race meet, the
licensee is subject to and may be ejected from association grounds.
[(4)] (5) For licensees who are testing under the
provisions in this chapter, and whose urine testing shows the presence of drugs
[(controlled substances) or alcohol, any field screening test results] or
controlled substances shall be confirmed by a laboratory acceptable to the
commission [which shall include gas chromatography/mass spectrometry (GC/MS)
procedures].
[(5)] (6) An
association [will] shall provide a drug [(controlled
substances) and alcohol-] or controlled substance screening test for
all applicants for [groom] grooms, exercise riders, jockey
valets, starters, assistant starters, ambulance personnel, and pony persons
when making application for license. The
cost for the drug-screening test will be borne by the applicant payable to the
association at a reasonable cost approved by the commission.
[(6)]
(7) The licensee being
tested may request a confirmation test when the sample quantity permits. Such request shall be made in writing
immediately after a positive result of the test and be directed to the
commission agent involved in the testing.
The licensee requesting a confirmation test, or their agent, shall be
present during the preparation and packing of the sample for delivery to the
commission’s testing laboratory. The
licensee and the commission shall both be notified of the confirmation testing
results.
[B. Split
sample: When the sample quantity permits, each test sample shall be divided into
portions so that one portion may be used for the confirmation procedure and
another portion may be utilized by the licensee to obtain an independent
analysis of the urine sample.]
[C.] (8) Chain of custody: The commission shall provide
for a secure chain of custody for the confirmation sample [to be made
available to the licensee]. The
commission shall retain ownership of all samples.
[D.] (9) Financial
responsibility: All costs for the transportation and confirmation
testing for the sample portion [made available for the licensee] shall
be the financial responsibility of the [requesting person] commission,
unless otherwise noted in a stewards’ ruling. [Payment to the testing laboratory shall be
due from the requesting person at the time the request is made
to have the split sample tested]
B. Alcohol Testing:
(1) At
its discretion, the commission may conduct random or episodic breath alcohol
testing as well as testing based on reasonable suspicion, in
order to ensure safety on the association grounds.
(2) All licensees may be subject to
breath alcohol testing.
(3) No advance notice need be given as to
random breath alcohol testing.
(4) Refusing to test, failing to appear
for a test, leaving before the test is over or otherwise failing to cooperate
shall be considered a positive test. If
this occurs during a race meet, the licensee is subject to and may be ejected
from association grounds.
(5) If the breath testing results for
non-safety position licensees show a reading of more than .08 BAC in the
sample, such licensees shall be relieved of their duties for that day.
(6) For a licensee’s second breath
testing violation in any jurisdiction, the licensee shall be referred to the
board of stewards and shall be fined no less than two hundred dollars and shall
be suspended for a period of not more than sixty days.
(7) For a licensee’s third
breath testing violation in any jurisdiction, the licensee shall be fined two
hundred dollars, suspended for a minimum of sixty days, and referred to the
commission’s board of stewards for further action.
[16.47.1.18 NMAC -
Rp, 16 NMAC 47.1.16, 3/15/2001; Rp, 16.47.1.17 NMAC, 7/1/2017; A, 4/9/2024]