New Mexico Register / Volume XXX,
Issue 19 / October 15, 2019
AMENDED NOTICE OF PUBLIC MEETING
AND RULE HEARING
The New Mexico Racing Commission (Commission) will hold a
Public Meeting and Rule Hearing on November 21, 2019. The Rule hearing will be held during the
Commission’s regular business meeting with the public session beginning at 9:00
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 include digital tattooing requirements, distinguish when a horse is eligible
to enter or to start in a race, include
verbiage regarding mitigating and aggravating circumstances, add language in
which it allows the Commission and the Board of Stewards another avenue to
assess additional penalties for repeat medication violators, update the definition for
"Breeder", add a "unique payout" option, remove language
from rules that do allow the rule to read clearly and to lower the limit of
overweight a horse can carry.
15.2.1 NMAC - General Provisions
15.2.3 NMAC - Flat Racing Officials
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 be found on the Commission's website @ http://nmrc.state.nm.us/rules-regulations.aspx. You may also contact Rosemary Garley at (505) 222-0704 to request to receive a copy
of the proposed rules by regular mail.
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.
All written comments must be received by the Commission by 5:00
PM on November 21, 2019. 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 for the Commission meeting will be available
seventy-two (72) hours prior
to the meeting. A copy of the final agenda may be obtained
from Rosemary Garley 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
15.2.1.7 NMAC: The purpose
of the proposed amendment is to allow the New Mexico
Racing Commission's definition of a "Breeder" to correspond with the
state statutes.
Subsection C of
15.2.3.8 NMAC: The purpose of the proposed
amendment is to clarify that the racing secretary or
their designee will be responsible for receiving, inspecting and safeguarding
the digital or paper foal documents. It
will also give an effective date of January 1, 2020 for thoroughbred horses
entered to race that were foaled in 2018 to have a digital tattoo.
Subsection E of
15.2.3.8 NMAC: The purpose of this proposed amendment is to
clarify that the horse identifier, when necessary, will ensure the safekeeping
of digital or paper registration certificates.
It will also allow a micro chip or freeze brand as a method to verify a
horse's identity.
Subsection O of
15.2.3.8 NMAC: The purpose of the proposed amendment is to
correspond with ARCI's model rules and to be more in depth on how long a horse
will be on the veterinarian's list.
Subsection B of
15.2.5.11 NMAC: The purpose of the proposed amendment
is to include digital tattooing
as a form of identification for a race horse in New Mexico.
15.2.5.12
NMAC: The purpose of the proposed amendment distinguishes
conditions by which horses are eligible to start in a race versus
ineligible to be entered into a race.
It also establishes that horses that are the subject of a positive test
for a prohibited substance are ineligible to be entered into a race until the
adjudication process is complete.
Subsection C of
15.2.5.13 NMAC: The purpose of the proposed amendment is to
lower the limit of overweight any horse can carry.
Subsection A of
15.2.6.9 NMAC: The purpose of the proposed amendment is to include verbiage
regarding mitigating and aggravating circumstances when
assessing a penalty on a licensee.
Subsection C of
15.2.6.9 NMAC: The purpose of the proposed amendments is to reflect
the correct Subsection when referencing the drug "colbalt".
Subsection L of
15.2.6.9 NMAC: The purpose of the proposed amendment is to delete the language "and for concentrations
of 50 parts per billion of blood plasma or serum):"
Subsection O of
15.2.6.9 NMAC: The purpose of the proposed
new subsection is to give the Racing Commission and Boards of Stewards another
tool in which to assess additional penalties for repeat medication violators.
Subsection B of
15.2.6.12 NMAC: The purpose of the proposed amendment is to
correspond with ARCI's model rules and to be more in depth on how long a horse
will be on the veterinarian's list.
Subsection P of
15.2.7.12 NMAC: The purpose of the proposed amendment would
add a "unique payout" option under the current rule for the
Pentafecta (also known as the "Super Hi-5).