New Mexico Register / Volume XXX,
Issue 3 / February 12, 2019
AMENDED NOTICE
OF PUBLIC MEETING
AND RULE-MAKING HEARING
The New Mexico Racing Commission (Commission) will hold a Public
Meeting and Rule-Making Hearing on March 21, 2019. The Rule-Making hearing will be held during
the Commission’s regular business meeting with the public session beginning at
9:30 a.m. The Commission will re-convene
a regular meeting to adopt the rules and take care of regular business. The
Rule Hearing and Commission meeting will be held in the Boardroom located at the New Mexico Racing
Commission, 4900 Alameda Blvd.,
NE, Albuquerque, NM.
The Commission is proposing the following amendments listed
below to the Rules Governing
Horse Racing in New Mexico
to limit payment types that the Commission may accept, offer a new wager to the
betting public, update rules pertaining to the medication section, include
verbiage allowing licensee to void a claim on a horse, address specific section
pertaining to hearings, and modify the duties of the official veterinarian:
15.2.1 NMAC - General Provisions
15.2.3 NMAC - Flat Racing Officials
15.2.4 NMAC -
Types of Races
15.2.5 NMAC - Rules of the Race
15.2.6 NMAC - Veterinary Practices, Equine Health,
Medication & Trainer Responsibility
15.2.7 NMAC - Pari Mutuel Wagering
A copy of the proposed rule may also be found on http://nmrc.state.nm.us/rules-regulations.aspx., or contact the Commission’s
Legal Assistant, Kira Frazier at (505)
222-0714, or by regular mail at New Mexico
Racing Commission, 4900 Alameda
Blvd. NE, Albuquerque, New Mexico 87113.
Interested persons may submit their written comments on the proposed
rules to the Commission at the address
below and/or may appear at the scheduled meeting and make a brief verbal presentation of their view. The written
comment period closes at 5:00 p.m. on March 21, 2019. The Commission must receive
all written comments at that time. Please submit comments to:
Rosemary Garley, Manager
New Mexico Racing Commission
4900 Alameda Blvd. NE
Albuquerque, NM 87113
Telephone: 505.222.0704
Fax: 505.222.0713
Email: rosemary.garley@state.nm.us
The final agenda will be available seventy-two (72) hours prior to the
meeting. A copy of the final agenda
may be obtained from Kira Frazier
or from the Commission’s website.
No
technical information served as the basis for the proposed rule.
Anyone who requires special accommodations is requested to notify the commission of such needs at least five days prior to the meeting.
Statutory Authority: Legal
authority for this rulemaking can be found in the New Mexico Horse Racing Act,
NMSA 1978, Sections 60-1A-1 through 60-1A-30 (2007, as amended through 2017),
which, among other provisions, specifically authorizes the Commission to
promulgate rules and regulations and carry out the duties of the Act to
regulate horse racing in the State.
The Commission proposes the
following rule amendments:
Subsection B of 15.2.1.9 NMAC: The purpose
of the proposed amendment to allow the Racing Commission the ability to be consistent with the policy
that is currently
in place with regard to the payment
types that are accepted at the Commission Offices.
Subsection C of 15.2.1.9 NMAC: The purpose of the proposed
amendment is to address the handling
of subpoenas, objections to a hearing officer and deadline
for a hearing
officer to produce
their report in a matter and allowing the Commission
to engage a court reporter for hearings.
Subsection B of 15.2.3.8 NMAC: The purpose of the proposed
amendment is to eliminate
the mandate for the stewards
to consult with the official
veterinarian regarding a laboratory finding or alleged
medication violation.
Subsection A of 15.2.4.8 NMAC: The purpose of the proposed
amendment is to include verbiage regarding when a claim on a horse shall be voided.
Subsection C and E of 15.2.5.10
NMAC: The purpose
of the proposed amendments is to eliminate the scale of weights,
insert verbiage that is cohesive with ARCI Model
Rules, include
a minimum weight
for Quarter Horses
and remove the verbiage "and/or".
Subsection A of 15.2.6.8 NMAC: The purpose of the proposed
amendment is to replace
the word "supervision" with the word "authority" and to eliminate the
need for the official
veterinarian to recommend to the commission discipline to be imposed
on a veterinarian who
violates a rule.
15.2.6.9 NMAC: The purpose of the proposed
amendments to 15.2.6.9
NMAC are as follows:
to reference the current
version of the ARCI’s
document, “Uniform Classification Guidelines for Foreign Substances and Recommended Penalties” and “Model Rule”; in Subsection A to address entries made by a
spouse of a suspended
licensee; in Subsections C and J to state there is no permissible concentration of "albuterol" allowed in any official sample; Subsection G is amended to follow ARCI model rule regarding
androgenic-anabolic steroids; and, in Subsection K, to include
the verbiage "premises under the jurisdiction of the New Mexico Racing Commission" as an area where certain
items are not permissible.
15.2.7.11 NMAC: The purpose of the proposed
new Subsection to 15.2.7.11
NMAC is to offer a new wager to both on and off track patrons. The wager is a multi-leg wager that requires
picking one horse in each leg, receiving points
depending on the horses finish. Upon conclusion of the leg races, the patron or patrons
with the most points,
win or share the pool.