New Mexico Register / Volume XXXI, Issue 5 / March 10, 2020

AMENDED NOTICE OF PUBLIC MEETING AND RULE HEARING

The New Mexico Racing Commission (Commission) will hold a Public Meeting and Rule Hearing on April 16, 2020. 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 clarify rule regarding summary suspension and update the most current version of the ARCI Uniform Classification Guidelines for Foreign Substances and Recommended Penalties and Model Rule, modifying multiple- medication violation penalties, correcting typographical error, modifying penalties of Category C violations, removing Naproxen as a permissible medication and updating the rule regarding non-steroidal anti-inflammatory drugs (NSAIDs).

15.2.1 NMAC - General Provisions

15.2.6 NMAC – Medications and Prohibited Substances

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 Denise Chavez at (505) 222-0714 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 April 10, 2020. Please submit comments to:

Denise Chavez, Paralegal

New Mexico Racing Commission 4900 Alameda Blvd. NE Albuquerque, NM 87113

Telephone: 505.222.0714

Fax: 505.222.0713

Email: DeniseM.Chavez@state.nm.us

The final agenda for the Commission meeting will be available one hundred twenty (120) hours prior to the meeting. A copy of the final agenda may be obtained from Denise Chavez or from the Commission’s website http://nmrc.state.nm.us/.

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, Sections 60-1A-1 to -30 (2007, as amended through 2017), NMSA 1978, 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 is to clarify the time limit for summary suspension for a Category A medication violation.

15.2.6.9 NMAC: To include Association of Racing Commissioners International’s Model Rules of Racing December, 2020 version 14.1 and the Association of Racing Commissioners International’s Controlled Therapeutic Medication Schedule for Horses, December, 2019, version 4.2.

Subsection B of 15.2.6.9 NMAC: The purpose of the proposed amendment is to clarify and establish penalties for “Major” medication violations which are consistent with the Association of Racing Commissioners International’s Model Rules guidelines.

Subsection O of 15.2.6.9 NMAC: The purpose of the proposed amendment is to make point assigned for medication violations of Class A controlled therapeutic substances consistent with points assigned to non-controlled substances mandated by the Multiple Medication Violation Rule. Correcting a typographical error in paragraph 8.