New Mexico Register / Volume XXXIII, Issue 10 / May 24, 2022

 

 

This is an amendment to 15.2.3 NMAC, Section 8, effective 5/24/2022.

 

Explanatory paragraph:  This is a short-form amendment to 15.2.3 NMAC, Section 8, effective May 24, 2022.  For Section 8 of 15.2.3 NMAC, Subsection A, Paragraphs (1) thru (4) and Subsections C thru P were not published as there were no changes.

 

15.2.3.8                 FLAT RACING OFFICIALS GENERAL PROVISIONS:

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                B.            Stewards:

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                                (5)           Stewards' presence:  Three stewards shall be present in the stewards' stand either physically or through any other electronic means during the running of each race subject to the discretion and approval of the executive director.

                                (6)           Order of finish for pari-mutuel wagering:

                                                (a)           The stewards shall determine the official order of finish for each race in accordance with 15.2.5 NMAC.

                                                (b)           The decision of the stewards as to the official order of finish, including the disqualification of a horse or horses as a result of any event occurring during the running of the race, shall be final for purposes of distribution of the pari-mutuel wagering pool.

                                (7)           Cancel wagering:  The stewards have the authority to cancel wagering on an individual betting interest or on an entire race and also have the authority to cancel a pari-mutuel pool for a race or races, if such action is necessary to protect the integrity of pari-mutuel wagering.

                                (8)           Records and reports:

                                                (a)           The stewards shall prepare a daily report, on a form approved by the commission, detailing their actions and observations made during each day's race program.  The report shall contain the name of the racetrack, the date, the weather and track conditions, claims, inquiries, and objections and any unusual circumstances or conditions.  The report shall be signed by each steward and be filed with the commission not later than 24 hours after the end of each race day.

                                                (b)           The stewards shall maintain a detailed log of the stewards' official activities.  The log shall describe all questions, disputes, protests, complaints, or objections brought to the attention of the stewards and all interviews, investigations and rulings made by the stewards.  The log shall be available at all times for inspection by the commission or its designee.

                                                (c)           Not later than seven days after the last day of a race meeting, the stewards shall submit to the commission a written report regarding the race meeting.  The report shall contain:  the stewards' observations and comments regarding the conduct of the race meeting and the overall conditions of the association grounds during the race meeting; any recommendations for improvement by the association or action by the commission.

                                (9)           Stewards' list:

                                                (a)           The stewards shall maintain a stewards' list of the horses which are ineligible to be entered in a race because of poor or inconsistent performance behavior on the racetrack that endangers the health or safety of other participants in racing or for positive tests pursuant to Subsection C of 15.2.6.9 NMAC.

                                                (b)           The stewards may place a horse on the stewards' list when there exists a question as to the exact identification or ownership of said horse.

                                                (c)           A horse which has been placed on the stewards' list because of inconsistent performance or behavior, may be removed from the stewards' list when, in the opinion of the stewards, the horse can satisfactorily perform competitively in a race without endangering the health or safety of other participants in racing.

                                                (d)           A horse which has been placed on the stewards' list because of questions as to the exact identification or ownership of said horse, may be removed from the stewards' list when, in the opinion of the stewards, proof of exact identification or ownership has been established.

                                                (e)           A horse that has been placed on the steward’s list for a positive test pursuant to Subsection C of 15.2.6.9 NMAC may only be removed if the criteria set forth in that subsection are met or in the event of a split sample result which does not confirm the official laboratory’s original finding of a positive test.

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[15.2.3.8 NMAC - Rp, 15 NMAC 2.3.8, 4/13/2001; A, 11/15/2001; A, 8/30/2007; A, 6/15/2009; A, 6/30/2009; A, 12/1/2010; A, 5/1/2015; A/E, 6/28/2016; A, 9/15/2016; A, 12/16/2016; A, 7/1/2017; A, 9/26/2018; A, 5/1/2019; A, 12/19/2019; A, 12/28/2021; A, 5/24/2022]