New Mexico Register / Volume
XXXII, Issue 24 / December 28, 2021
This is an amendmen to 15.2.1 NMAC Sections 7 and 9, effective 12/28/2021.
Explanatory paragraph: This is a short-form amendment to 15.2.1 NMAC, Sections 7 and 9, effective December 28, 2021. For Section 7 of 15.2.1 NMAC, Subsections A thru L and N thru Z were not published as there were no changes. For Section 9 of 15.2.1 NMAC, Subsection A; Subsection B, Paragraphs (1) through (8) and (10); and Subsection C were not published as there were no changes.
15.2.1.7 DEFINITIONS:
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M. Definitions beginning with the letter “m”:
(1) “Maiden” is a horse, which shows in
the daily
racing form or the American quarter horse chart book as
never having won a race at a recognized meeting. A maiden, which has been disqualified after
finishing first in a race, is still a maiden.
(2) “Maiden race” is a race restricted to
maidens.
(3) “Match race” is a race between two
horses under conditions agreed to by their owners.
(5) “Minus pool” occurs when the payout
is in excess of the net pool.
(6) “Month” is a calendar month.
(7) “Mutuel field” refers to two or more
contestants in a contest that are treated as a single betting interest for
pari-mutuel wagering purposes because the number of betting interests exceeds
the number that can be handled individually by the pari-mutuel system.
***
[15.2.1.7 NMAC - Rp,
15 NMAC 2.1.7, 3/15/2001; A, 2/14/2002; A, 8/30/2007; A, 12/1/2010; A,
1/1/2013; A, 5/1/2013; A, 8/15/2014; A, 7/1/2017; A, 3/14/2018; A, 9/26/2018;
A, 12/19/2019; A, 12/28/2021]
15.2.1.9 DUE PROCESS AND DISCIPLINARY ACTION:
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B. Proceedings before the stewards:
***
(9) Appeals.
(a) A person who has been aggrieved by a
ruling of the stewards may appeal to the commission. A person who fails to file an appeal by the
deadline and in the form required by this section waives the right to appeal
the ruling.
(b) An appeal under this section must be
filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday
or legal holiday, the period is extended to include the next day that is not a
Saturday, Sunday or legal holiday. The
appeal must be received by noon, at the main commission offices or with the
stewards who issued the ruling and must be accompanied by a fee in the amount
of [$500] $400. The fee must
be in the form of a money order, cashier's check or a corporate check.
(c) The
commission may fine a license holder in the amount up to $2,500 after
considering an appeal if based on the evidence the appeal is frivolous,
unreasonable or unnecessary or determined to be an abuse of process or
malicious. Failure of an appealing party
to appear at a noticed hearing or withdraw their appeal without providing five
business days notice prior to the hearing date may result in the non appearing
appealing party being fined up to $1,000.
(d) An appeal must be in writing on a
form prescribed by the commission. The
appeal must include the name, address, telephone number and signature of the
person making the appeal; and a statement of the basis for the appeal.
(e) On notification by the commission
that an appeal has been filed, the stewards shall forward to the commission the
record of the proceeding on which the appeal is based, and a statement of the
reasons for their rulings.
(f) If a person against whom a fine has
been assessed files an appeal of the ruling that assesses the fine, the person
shall pay the fine in accordance with these rules.
***
[15.2.1.9 NMAC - Rp,
15 NMAC 2.1.9, 3/15/2001; A, 3/31/2003; A, 5/30/2003; A, 6/15/2004; A,
6/30/2009; A, 9/15/2009; A, 12/1/2010; A, 5/1/2013; A, 1/1/2014; A, 3/16/2015;
A, 5/1/2015; A, 9/16/2015; A, 3/15/2016; A/E, 6/28/2016; A, 9/16/2016; A,
12/16/2016; A, 7/1/2017; A, 3/14/2018; A, 9/26/2018; A. 4/9/2019; A,
12/28/2021]