New Mexico Register
/ Volume XXIX, Issue 18 / September 25, 2018
Explanatory paragraph:
This is an amendment to 16.47.1 NMAC, Sections 12 and 17, effective
September 26, 2018. In 16.47.1.12 NMAC,
Subsections A through F were not published as there were no changes. In 16.47.17 NMAC Subsections A, B, and
Paragraphs (1) through (6) of Subsection C were not published as there were no
changes.
16.47.1.12 JOCKEYS:
***
G. Jockey
Suspensions and Designated Races:
(1) Prior
to the commencement of a race meeting, a listing of designated races by the
stewards shall be submitted to the executive director. A copy of such races shall be posted in the
jockeys’ room and any other such place deemed appropriate by the stewards. The stewards may elevate a race to designated
race status after the commencement of the race meet and shall submit it to the
executive director and update the listing as above.
(2) A
jockey suspended for 10 days or less for a riding violation, unless otherwise
specified in the ruling, may continue to exercise horses during the training
hours and may fulfill riding engagements in designated races, as designated by
the stewards at the beginning of the race meet.
(3) The
official ruling where designated races are permitted shall state: “The term of this suspension shall not
prohibit participation in designated race days.”
(4) A
jockey who is serving a suspension of 10 race days or less may ride in
designated races during the suspension under the following conditions:
(a) The
race has been specified as a designated race by the stewards officiating at the
race meet; and
(b) the jockey is named no later than the time set for the close
of entries for the designated race.
(5) When
a jockey rides in a designated race (s)
(a) The
jockey agrees that if they participate in only one designated race in New
Mexico, the day will be recognized as a suspension day; or
(b) the
jockey agrees that if they participate in more than one designated race in New
Mexico, the day will still not be recognized as a suspension day and they will
serve an additional race day of suspension in place of the race day on which
the jockey rides in a designated race, to be served on the next race day; or
(c) the
jockey agrees that if they participate in one or more designated races in any
other jurisdiction while under suspension in New Mexico, the day will still not
be recognized as a suspension day and the jockey will serve an additional race
day of suspension in place of the race day on which the jockey rides in a designated race, to be served on the next
race day.
(6) A
jockey may ride all races for the day they are riding a designated race,
however, the jockey is to continue to take the next available day until his
suspension is completed.
[16.47.1.12
NMAC - Rp, 16 NMAC 47.1.12, 03/15/2001; A,
08/31/2004; A, 10/31/2006; A, 06/15/2009; A, 12/14/2012; A, 12/16/2016; A,
09/26/2018]
16.47.1.17 HUMAN DRUG TESTING:
***
C. Restricted
activities: It shall be an
offense to exercise the privileges granted by a license from this commission if
the licensee:
***
(7) presently
has drugs (controlled substances) or alcohol in his/her body. With regard to alcohol, the results of a test
showing a reading of more than [.05 percent] 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.
[16.47.1.17
NMAC - Rp, 16 NMAC 47.1.16, 03/15/2001; Rp, 16.47.1.16 NMAC, 07/01/2017; A, 09/26/2018]