New Mexico Register / Volume XXXI,
Issue 8 / April 21, 2020
POSTPONEMENT OF NOTICE OF PUBLIC RULE HEARING
Due to Executive
Order 2020-004 Issued by Governor Michelle Lujan Grisham
The New Mexico Racing Commission is postponing the public rule
hearing that is set for April 16, 2020 in the New Mexico Gaming Commission’s
Boardroom (“Boardroom”) at 4900 Alameda Blvd. NE, Albuquerque, NM. The Commission will hold a Public Meeting and
Rule Hearing on May 28, 2020 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
conduct 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 New Mexico Racing Commission (“Commission”) hereby gives
notice as required under Section 14-4-5.2 NMSA 1978 and 1.24.25.11 NMAC that it
proposes to adopt amendments to the following rules governing Horse Racing in New Mexico.
The proposed amendments are to clarify rules regarding summary
suspension and update the most current version of the ARCI Uniform
Classification Guidelines for Foreign Substances and Recommended Penalties and Model
Rule, modify multiple-medication violation penalties, correct typographical
errors, modify penalties of Category C violations, remove Naproxen as a
permissible medication and update the rule regarding non-steroidal
anti-inflammatory drugs (NSAIDs).
Statutory Authority: Legal authority for this rulemaking can be
found in the New Mexico Horse Racing Act, Sections 60-1A-1 through 60-1A-30
NMSA 1978 (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.
15.2.1 NMAC - General Provisions
15.2.6 NMAC – Medications and Prohibited Substances
No technical information served as
the basis for the proposed rule.
Purpose of
proposed rules:
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 To include Association of
Racing Commissioners International’s Uniform Classification Guidelines and
Recommended Penalties January, 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 make the penalties for “Major” medication violations 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. Fixing a typographical
error in subparagraph 8.
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.
Notice of Acceptance of written public comment:
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 May 21, 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.
Anyone who requires special accommodations is requested to notify the Commission of such needs at least five days prior to the meeting.