New Mexico Register / Volume XXIX, Issue 5 / March 13, 2018

 

 

Explanatory Paragraph:  This is an amendment to 16.47.1 NMAC, Sections 8 and 10, effective 03/14/2018.  In 16.47.1.8 NMAC, Subsections A through U were not published as there were no changes.  In 16.47.1.10 NMAC, Subsections A through C, Paragraphs (1) through (4) in Subsection D, Paragraph (2) of Subsection F and Subsection E were not published as there were no changes.

 

16.47.1.8               GENERAL PROVISIONS:

 

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                V.             Restrictions:  [Beginning one hour before post time, the use of cellular telephones will be prohibited in the paddock and the racetrack surface until the last race is official.  Cellular telephone use will also be prohibited behind the starting gate during racing hours.  The association shall be responsible for posting notices of the prohibition in these restricted areas.]

                                (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, 03/15/2001, A, 08/30/2001; A, 11/15/2001; A, 12/14/2001; A, 02/14/2002; A, 11/14/2002; A, 03/31/2003; A, 07/15/2003; A, 09/29/2006; A, 03/30/2007; A, 08/14/2008; A, 06/15/2009; A, 09/15/2009; A, 01/01/2014; A, 04/01/2014; A, 06/01/2016; A, 12/16/2016; A, 07/01/2017; A, 03/14/2018]

 

16.47.1.10             TRAINERS:

 

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                D.            Assistant trainers:

 

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                                (5)           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.

 

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                F.             Program trainers:

                                [(1)          A program trainer, as defined in 15.2.1 NMAC, is a trainer who on behalf of an ineligible trainer or an undisclosed person:

                                                (a)           enters into an agreement for the sole purpose of completing an entry form for a race;

                                                (b)           pays an entry fee on behalf of an ineligible trainer or an undisclosed person;

                                                (c)           receives a financial or beneficial interest for the sole purpose of being listed as the trainer on the official race program; or

                                                (d)           obtains official works within New Mexico’s jurisdiction on behalf of an ineligible trainer or an undisclosed person.]

                                (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.

 

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                                (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, 03/15/2001; A, 11/15/2001; A, 03/30/2007; A, 08/30/2007; A, 06/30/2009; A, 09/15/2009; A, 07/05/2010; A, 05/16/2014; A, 09/15/2014; A, 03/15/2016; A, 06/01/2016; A, 12/16/16; A, 03/14/2018]