New Mexico Register / Volume XXXVI, Issue 7 / April 8, 2025

 

 

This is an amendment to 15.2.5 NMAC Sections 12 and 13, effective 04/08/2025.

 

Explanatory paragraph: This is a short-form amendment to 15.2.5 NMAC, Sections 12 and 13, effective April 8, 2025.  For Section 13 of 15.2.5 NMAC, Subsections A - D were not published as there were no changes.

 

15.2.5.12               HORSES INELIGIBLE:

                A.            A horse shall be ineligible to enter in a race when:

                                (1)           it is wholly or partially owned by a disqualified person or a horse is under the direct or indirect training or management of a disqualified person;

                                (2)           it is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person, in such cases, it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted;

                                (3)           its name appears on [the] starter's list, stewards' list, [or] veterinarian's list or paddock judge’s list of any recognized regulatory organization;

                                (4)           it is a first-time starter and has not been approved to start by the starter;

                                (5)           it is owned in whole or in part by an undisclosed person or interest;

                                (6)           it lacks sufficient official published workouts or race past performance(s);

                                (7)           it is subject to a lien which has not been approved by the stewards and filed with the horsemen's bookkeeper;

                                (8)           it is subject to a lease not filed with the stewards;

                                (9)           it is not in sound racing condition;

                                (10)         it has had a surgical neurectomy performed on a heel nerve, which has not been approved by the official veterinarian;

                                (11)         it has been trachea tubed to artificially assist breathing;

                                (12)         it has been blocked with alcohol or otherwise drugged or surgically denerved to desensitize the nerves above the ankle;

                                (13)         it has impaired eyesight in both eyes;

                                (14)         it is barred or suspended in any recognized jurisdiction;

                                (15)         it does not meet the eligibility conditions of the race;

                                (16)         its owner or lessor is in arrears for any stakes fees, except with approval of the racing secretary;

                                (17)         it is by an unknown sire or out of an unknown mare.

                B.            A horse shall be ineligible to [be] start when:

                                (1)           it is the subject of a positive test for a prohibited substance in an official sample based on a final certificate of analysis received from the official laboratory during the period in which the adjudication process involving the violation is ongoing.

                                                (a)           In the event the horse is claimed in the race in which the horse allegedly ran with the prohibited substance, the new owner may enter the horse, unless the horse is ordered to go on the stewards' list pursuant to Subsection C of 15.2.6.9  (8)(a-e) NMAC.

                                                (b)           Should the horse be claimed thereafter by the owner of the horse in the race in which there was a positive test for a prohibited substance, the horse shall not be allowed to enter unless the adjudication process involving the prior violation is complete.

                                (2)           It is not stabled on the grounds of the association or present by the time established by the commission;

                                (3)           its breed registration certificate is not on file with the racing secretary or horse identifier; unless the racing secretary has submitted the certificate to the appropriate breed registry for correction or in the case of thoroughbred horses foaled in 2018 or thereafter or quarter horses foaled in 2022 or thereafter, the horse does not have a digital tattoo; the stewards may waive this requirement if the information contained on the registration certificate is otherwise available; and the horse is otherwise correctly identified to the [stewards’] horse identifier’s satisfaction;

                                (4)           [if] a quarter horse foaled before 2022 or a thoroughbred foaled before 2018, is not fully identified and tattooed on the inside of the upper lip, freeze brand or identified by any other method approved by the breed registry and commission; however, there may be extenuating circumstances where a horse will be eligible to start in a race without the tattoo as referenced above, as long as the horse identifier has written verification that the tattooing process has been initiated; if a thoroughbred foaled in 2018 or thereafter or a quarter horse foaled in 2022 or thereafter, is not microchipped with a unique microchip [(ISO11784)] (ISO 11784/11785), freeze brand or identified by any other method approved by the breed registry and commission;

                                (5)           it has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate, no lip tattoo, altered lip tattoo, altered or manipulated microchip [(ISO11784)] (ISO 11784/11785), or freeze brand;

                                (6)           the stakes or entrance money for the horse has not been paid, in accordance with the conditions of the race;

                                (7)           it has been entered in a stakes race and has subsequently been transferred with its engagements, unless the racing secretary has been notified of such prior to the start;

                                (8)           it is not in sound racing condition;

                                (9)           it has been blocked with alcohol or otherwise drugged or surgically denerved to desensitize the nerves above the ankle;

                                (10)         it does not meet the eligibility conditions of the race;

                                (11)         its owner(s), lessor(s) or trainer have not completed the licensing procedures required by the commission; or

                                (12)         there is no current negative test certificate for equine infectious anemia on file with the racing office, as required by the commission.

[15.2.5.12 NMAC - Rp, 15 NMAC 2.5.12, 3/15/2001; A, 7/15/2002; A; 8/30/2007; A, 6/15/2009; A, 1/1/2014; A, 9/15/2016; A, 12/19/2019; A, 4/9/2024; A, 4/8/2025]

 

15.2.5.13               RUNNING OF THE RACE:

***

                E.            Post to finish:

                                (1)           The start.

                                                (a)           The starter is responsible for assuring that each participant receives a fair start.

                                                (b)           If, when the starter dispatches the field, any door at the front of the starting gate stalls should not open properly due to a mechanical failure or malfunction or should any action by any starting personnel directly cause a horse to receive an unfair start, the stewards may declare such a horse a non-starter.

                                                (c)           Should a horse, not scratched prior to the start, not be in the starting gate stall thereby causing it to be left when the field is dispatched by the starter, the horse shall be declared a non-starter by the stewards.

                                                (d)           Should an accident or malfunction of the starting gate, or other unforeseeable event compromise the fairness of the race or the safety of race participants, the stewards may declare individual horses to be non-starters, excluding individual horses from all pari-mutuel pools or declare a "no contest" and refund all wagers except as otherwise provided in the rules involving multi-race wagers.

                                (2)           Interference, jostling or striking.

                                                (a)           A jockey shall not ride carelessly or willfully so as to permit their mount to interfere with, impede or intimidate any other horse in the race.

                                                (b)           No jockey shall carelessly or willfully jostle, strike or touch another jockey or another jockey's horse or equipment.  It shall be the discretion of the stewards to determine if the jostle, strike or touch had an effect on the outcome of the race and warrants a disqualification.

                                                (c)           No jockey shall unnecessarily cause their horse to shorten its stride so as to give the appearance of having suffered a foul.

                                (3)           Maintaining a straight course.

                                                (a)           When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul.

                                                (b)           The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding.

                                                (c)           If the stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.

                                                (d)           In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts.  If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse.

                                (4)           Disqualification.

                                                (a)           When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last.

                                                (b)           If a horse is disqualified for a foul, any horse or horses with which it is coupled as an entry may also be disqualified.

                                                (c)           When a horse is disqualified for interference in a time trial race, it shall receive the time of the horse it is placed behind plus one-hundredth of a second penalty or more exact measurement if photo finish equipment permits, and shall be eligible to qualify for the finals or consolations of the race on the basis of the assigned time.

                                                (d)           The stewards may determine that a horse shall be unplaced for the purpose of purse distribution and trial qualification.

                                                (e)           In determining the extent of disqualification, the stewards in their discretion may:  declare null and void a track record set or equaled by a disqualified horse, or any horses coupled with it as an entry; affirm the placing judges' order of finish and suspend or fine a jockey if, in the stewards' opinion, the foul riding did not affect the order of finish; disqualify the offending horse and not penalize a jockey if in the stewards' opinion the interference to another horse in a race was not the result of an intentional foul or careless riding on the part of a jockey.

                                (5)           Horses shall be ridden out:  All horses shall be ridden out in every race.  A jockey shall not ease up or coast to the finish, without adequate cause, even if the horse has no apparent chance to win prize money.

                                (6)           No electrical, mechanical or other expedient object or device utilized to increase or retard the speed of a horse, other than the riding crop approved by the stewards, shall be possessed by anyone or applied by anyone to the horse at any time on the grounds of the association during the meet, whether in a race or otherwise.

                                (7)           Use of riding crops.

                                                (a)           Although the use of a riding crop is not required, any jockey who uses a riding crop during a race shall do so only in a manner consistent with exerting his or her best efforts to win.

                                                (b)           In all races where a jockey will ride without a riding crop, an announcement of such fact shall be made over the public address system.

                                                (c)           Riding crops shall not be used on two-year-old horses before March 1 of each year.

                                                (d)           The position of the riding crop should always be at or below helmet level of the jockey.

(e)           The riding crop shall only be used for safety, correction and encouragement.

                                (8)           Indiscriminate use of the whip is prohibited including whipping a horse:  on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse.

                                                (a)           After the race, the horses will be subject to inspection by a racing or official veterinarian looking for cuts, welts or bruises in the skin.  Any adverse findings shall be reported to the stewards.

                                (9)           Excessive use of the crop includes:

                                                (a)           Riders cannot use the riding crop more than three times in succession during a race, excluding showing or waiving the crop.

                                                (b)           Riders cannot use the crop more than three times in succession without giving the horse a chance to respond before using the crop again.

                                                (c)           The horse has cuts, welts or breaks in the skin.

                                                (d)           The giving of instructions by any licensee that if obeyed would lead to a violation of this rule may result in disciplinary action also being taken against the licensee who gave such instructions.

                                (10)         Returning after the finish.

                                                (a)           After a race has been run, the jockey shall ride promptly to the finish line, dismount and report to the clerk of scales to be weighed in.  Jockeys shall weigh in with all pieces of equipment with which they weighed out.

                                                (b)           If a jockey is prevented from riding to the finish line because of an accident or illness to the jockey or the horse, the jockey may walk or be transported to the scales, or may be excused from weighing in by the stewards.

                                (11)         Unsaddling.  No person shall assist a jockey with unsaddling except with permission of the stewards and no one shall place a covering over a horse before it is unsaddled.

                                (12)         Weighing in.

                                                (a)           A jockey shall weigh in at no less than the same weight at which he or she weighed out, and if under that weight by more than two pounds and after consideration of mitigating circumstances by the board of stewards, his or her mount may be disqualified from any portion of the purse money.

                                                (b)           In the event of such disqualification, all monies wagered on the horse shall be refunded unless the race has been declared official.

                                                (c)           If any jockey weighs in at more than three pounds over the proper or declared weight, the jockey may be fined, suspended or ruled off by the stewards, having due regard for any excess weight caused by rain or mud.  The case shall be reported to the commission for such action, as it may deem proper.

                                                (d)           Upon approval of the stewards, the jockeys may be allowed up to three pounds more than published and announced weights to account for inclement weather clothing and equipment when weighing in.

                                                (e)           The post-race weight of jockeys includes any sweat, dirt and mud that have accumulated on the jockey, jockey’s clothing and jockey’s safety equipment.  This accounts for additional weight, depending on specific equipment, as well as weather, track and racing conditions.

                                (13)         Dead heats.

                                                (a)           When a race results in a dead heat, the dead heat shall not be run off, owners shall divide except where division would conflict with the conditions of the races.

                                                (b)           When two horses run a dead heat for first place, all purses or prizes to which first and second horses would have been entitled shall be divided equally between them; and this applies in dividing all purses or prizes whatever the number of horses running a dead heat and whatever places for which the dead heat is run.

                                                (c)           In a dead heat for first place, each horse involved shall be deemed a winner and liable to penalty for the amount it shall receive.

                                                (d)           When a dead heat is run for second place and an objection is made to the winner of the race, and sustained, the horses, which ran a dead heat, shall be deemed to have run a dead heat for first place.

                                                (e)           If the dividing owners cannot agree as to which of them is to have a cup or other prize, which cannot be divided, the question shall be determined by lot by the stewards.

                                                (f)            On a dead heat for a match, the match is off for pari-mutuel payoffs and mutuels are refunded.

[15.2.5.13 NMAC - Rp, 15 NMAC 2.5.13, 3/15/2001; A, 8/30/2007; A, 12/1/2008; A, 6/30/2009; A, 9/15/2009; A, 8/16/2010; A, 9/1/2010; A, 10/15/2014; A, 6/1/2016; A, 12/16/2016; A, 12/19/2019; A, 4/9/2024; A, 4/8/2025]