TITLE 15             GAMBLING AND LIQUOR CONTROL

CHAPTER 2       HORSE RACING

PART 5                 HORSE RACE - RULES OF THE RACE

 

15.2.5.1                 ISSUING AGENCY:  New Mexico Racing Commission.

[15.2.5.1 NMAC - Rp, 15 NMAC 2.5.1, 3/15/2001]

 

15.2.5.2                 SCOPE:  All persons, firms, or associations participating in horse racing in New Mexico.  Additional regulations may be cross-referenced in 15.2.1 NMAC, 15.2.2 NMAC, 15.2.3 NMAC, 15.2.4 NMAC, 15.2.6 NMAC, 15.2.7 NMAC, and 16.47.1 NMAC.

[15.2.5.2 NMAC - Rp, 15 NMAC 2.5.2, 3/15/2001]

 

15.2.5.3                 STATUTORY AUTHORITY:  Sections 60-1A-1 through 60-1A-30 NMSA 1978 provides the authority of the New Mexico Racing Commission to establish rules and regulations deemed necessary to carry out the purposes of Chapter 60 NMSA 1978 pertaining to horse racing.

[15.2.5.3 NMAC - Rp, 15 NMAC 2.5.3, 3/15/2001; A, 9/15/2009]

 

15.2.5.4                 DURATION:  Permanent.

[15.2.5.4 NMAC - Rp, 15 NMAC 2.5.4, 3/15/2001]

 

15.2.5.5                 EFFECTIVE DATE:  March 15, 2001, unless a later date is cited at the end of a section.

[15.2.5.5 NMAC - Rp, 15 NMAC 2.5.5, 3/15/2001]

 

15.2.5.6                 OBJECTIVE:  The objective of Part 5 of Chapter 2 is to achieve the objective that all horse races be conducted fairly and honestly.

[15.2.5.6 NMAC - Rp, 15 NMAC 2.5.6, 3/15/2001; A, 3/14/2018]

 

15.2.5.7                 DEFINITIONS:  Refer to 15.2.1.7 NMAC.

[15.2.5.7 NMAC - Rp, 15 NMAC 2.5.7, 3/15/2001]

 

15.2.5.8                 ENTRIES AND NOMINATIONS:

                A.            Entering:  No horse shall be qualified to start unless it has been and continues to be entered.

                B.            Procedure:

                                (1)           Entries and nominations shall be made with the racing office and shall not be considered until received by the racing secretary, who shall maintain a record of time of receipt of them for a period of one year.

                                (2)           An entry shall be in the name of the horse's owner and made by the trainer or an assistant trainer.  Any horse which is in a race or on the also-eligible list may not be sold or transferred until that obligation is completed, except with permission of the stewards.

                                (3)           Numbered races printed in the condition book shall have preference over extra races.  Should any race fail to draw seven separate wagering interests, it may be called off.

                                (4)           An entry must be made either in person, in writing on an entry blank provided by the association, or by telephone call to the racing secretary.  The entry must be confirmed in writing should the stewards or the racing secretary so request.

                                (5)           The person making an entry shall clearly designate the horse so entered.

                                (6)           No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards.

                                (7)           No horse may be entered in more than one race (with the exception of stakes races) to be run on the same day at the same track on which pari-mutuel wagering is conducted.  If a horse is entered in more than one stakes race to be run on the same day, at the time of draw, the trainer must declare which race the horse will run in.

                                (8)           No horse may be entered to run at two different tracks on the same day on which pari-mutuel wagering is conducted.

                                (9)           Any permitted medication must be declared on the original entry at each race meet.  No further declaration will be required at that meet unless there is a change.

                                (10)         Any approved change of equipment must be declared at time of entry.  Any changes after that time must be approved by the stewards.

                                (11)         An entry clerk or any other person taking an entry shall indicate on the entry form that they took the entry on a horse.

                                (12)         An entry clerk or any other person taking an entry shall indicate on the entry form who they took the entry from by way of either the person’s name, or last four digits of their social security number, or date of birth, or telephone number, or New Mexico racing commission license number.

                                (13)         An entry clerk or any other person taking an entry shall not divulge any information regarding a race, with the exception of the entered number of horses already entered. 

                                (14)         An entry clerk or any other person taking an entry shall not override any warning in the RTO Incompass system for a horse that is on the veterinarian’s, stewards’, starter’s or paddock judge’s lists, or has inadequate published workouts pursuant to subsection A of 15.2.5.11 NMAC or is ineligible based on the horse’s past performances.

                C.            Nominations:

                                (1)           Any nominator to a stakes race may transfer or declare such nomination prior to closing.

                                (2)           Joint nominations and entries may be made by any one of joint owners of a horse, and each such owner shall be jointly and severally liable for all payments due.

                                (3)           Death of a horse, or a mistake in its entry when such horse is eligible, does not release the nominator or transferee from liability for all stakes fees due.  No fees paid in connection with a nomination to a stakes race that is run shall be refunded except as otherwise stated in the conditions of a stakes race.

                                (4)           Death of a nominator to a stakes race shall not render void any subscription, entry or right of entry.  All rights, privileges and obligations shall be attached to the legal heirs of the decedent or the successor owner of the horse.

                                (5)           When a horse is sold privately or at public auction or claimed, stakes engagements shall be transferred automatically to its new owner; except when the horse is transferred to a person whose license is suspended or who is otherwise unqualified to race or enter the horse, then such nomination shall be void as of the date of such transfer.

                                (6)           All stakes fees paid toward a stakes race shall be allocated as provided by the conditions for the race.  If a stakes race is not run for any reason, all such nomination fees paid shall be refunded.

                D.            Closings:

                                (1)           Entries for purse races and nominations to stakes races shall close at the time designated by the association in previously published conditions for such races.  No entry, nomination or declaration shall be accepted after such closing time; except in the event of an emergency or if an overnight race fails to fill, the racing secretary may, with the approval of a steward, extend such closing time.

                                (2)           Except as otherwise provided in the conditions for a stakes race, the deadline for accepting nominations and declarations is midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.

                E.            Number of starters in a race:  The maximum number of starters in any race shall be limited to the number of starting positions afforded by the association starting gate and its extensions.  The number of starters may be further limited by the number of horses, which, in the opinion of the stewards, can be afforded a safe, fair and equal start.

                F.             Split or divided races:

                                (1)           In the event a race is cancelled or declared off, the association may split any overnight race for which postpositions have not been drawn.

                                (2)           Where an overnight race is split, forming two or more separate races, the racing secretary shall give notice of not less than 15 minutes before such races are closed to grant time for making additional entries to such split races.

                G.            Post positions:  Post positions for all races shall be determined by lot and shall be publicly drawn in the presence of a steward or steward designee.

                H.            Also-eligible list:

                                (1)           If the number of entries for a race exceeds the number of horses permitted to start, the racing secretary may create and post an also-eligible list.

                                (2)           If any horse is scratched from a race for which an also-eligible list was created, a replacement horse shall be drawn from the also-eligible list into the race in order of preference.  If none is preferred, a horse shall be drawn into the race from the also-eligible list by public lot.  Horses which gain a position in a race from the also-eligible list take the outside post position in the order drawn from the also-eligible list.

                                (3)           Any owner or trainer of a horse on the also-eligible list who does not wish to start the horse in such race shall so notify the racing secretary prior to scratch time for the race, thereby forfeiting any preference to which the horse may have been entitled in that race.

                                (4)           If a scratch card is deposited for a horse listed as also-eligible, and if that horse is offered an opportunity to run by being drawn at scratch time, the horse shall lose its position on the preferred list.

                I.             Preferred list:  The racing secretary shall maintain a list of each horse’s registration date, entry date, and racing date.  Preference will be given to the best date.  A registration date can only be established when the foal certificate is on file with a racing secretary.  An entry date is any time a horse passes the entry box, whether or not the race is in the condition book, or an extra, is used or eliminated.  Entry dates have preference over race or registration dates of the same date.  Any horse, which is scratched, will lose its date and must re-establish a date.  All horses placed on the steward's, veterinarian's, starter's or identifier's list will be posted on the bulletin board, they will not lose their date, but they must meet the necessary requirements to be removed from a list.

[15.2.5.8 NMAC - Rp, 15 NMAC 2.5.8, 3/15/2001; A, 5/15/2001; A, 11/15/2001; A, 12/14/2001; A, 3/31/2003; A, 5/30/2003; A, 6/13/2003; A, 9/29/2006; A, 10/31/2006; A, 1/1/2013; A, 6/1/2016; A, 12/16/2016; A, 9/26/18; A, 4/9/2024]

 

15.2.5.9                 DECLARATIONS AND SCRATCHES:  Declarations and scratches are irrevocable except with permission of the stewards.

                A.            Declarations:

                                (1)           A "declaration" is the act of withdrawing an entered horse from a race prior to the closing of entries.

                                (2)           The declaration of a horse before closing shall be made by the owner, trainer or their licensed designee in the form and manner prescribed in these rules.

                B.            Scratches:

                                (1)           A "scratch" is the act of withdrawing an entered horse from a contest after the closing of entries subject to approval of the stewards.

                                (2)           The stewards have sole authority to scratch a horse if any situation involves a rule violation or is recommended by a veterinarian or concerns of track condition.  The scratch of a horse after closing of entries may be submitted by the owner, trainer or designated assistant trainer, subject to approval from the stewards.

                                (3)           A horse may be scratched from a stakes race for any reason at any time up until 45 minutes prior to post time for that race subject to approval from the stewards.

                                (4)           No horse may be scratched from an overnight race without approval of the stewards.

                                (5)           In overnight races, horses that are physically disabled or sick shall be permitted to be scratched first.  Should horses representing more than eight betting interests in the daily double or exotic wagering races, or horses representing more than eight betting interests in any other overnight race, remain in after horses with physical excuses have been scratched, then owners or trainers may be permitted at scratch time to scratch horses without physical excuses down to such respective minimum numbers for such races.  This privilege shall be determined by lot if an excessive number of owners or trainers wish to scratch their horses.

                                (6)           Entry of any horse which has been scratched, or excused from starting by the stewards, because of a physical disability or sickness may not be accepted until the expiration of seven calendar days after such horse was scratched or excused and the horse has been removed from the veterinarian's list.

[15.2.5.9 NMAC - Rp, 15 NMAC 2.5.9, 3/15/2001; A, 10/31/2006; A, 3/14/2018; A, 4/9/2024]

 

15.2.5.10               WEIGHTS:

                A.            Allowances:

                                (1)           Weight allowance including apprentice allowances must be claimed at time of entry and shall not be waived after the posting of entries, except by consent of the stewards.

                                (2)           A horse shall start with only the allowance of weight to which it is entitled at time of starting, regardless of its allowance at time of entry.

                                (3)           Horses not entitled to the first weight allowance in a race shall not be entitled to any subsequent allowance specified in the conditions.

                                (4)           Claim of weight allowance to which a horse is not entitled shall not disqualify it unless protest is made in writing and lodged with the stewards at least one hour before post time for that race.

                                (5)           A horse shall not be given a weight allowance for failure to finish second or back in any race.

                                (6)           No horse shall receive allowance of weight nor be relieved extra weight for having been beaten in one or more races, but this rule shall not prohibit maiden allowances or allowances to horses that have not won a race within a specified period or a race of a specified value.

                                (7)           Except in handicap, quarter horse races and races which expressly provide otherwise, two-year-old fillies shall be allowed three pounds, and fillies and mares, three-years-old and upward, shall be allowed five pounds before September 1 and three pounds thereafter in races where competing against male horses.

                                (8)           A three pound weight allowance shall be allowed a registered New Mexico bred horse in all open races and in stakes races when included in the condition of the race.  This allowance must be claimed at time of entry.

                B.            Penalties:

                                (1)           Weight penalties are obligatory.

                                (2)           Horses incurring weight penalties for a race shall not be entitled to any weight allowance for that race.

                                (3)           No horse shall incur a weight penalty or be barred from any race for having been placed second or lower in any race.

                                (4)           Penalties incurred and allowances due in steeplechase or hurdle races shall not apply to races on the flat, and vice versa.

                                (5)           The reports, records and statistics as published by Daily Racing Form, Equibase or other recognized publications shall be considered official in determining eligibility, allowances and penalties, but may be corrected.

                                (6)           When a race in dispute involves the winner of the race, both the horse that finished first and any horse claiming the win shall be liable to all penalties attaching to the winner of that race, until the matter is decided.  In case of a positive test of the winner of a race, no horse other than the winner shall be liable to penalty of weight or condition until the case has been adjudicated; the ruling disqualifying the horse with the positive test issued; and all appeals exhausted.

                C.            Weight conversions:  For the purpose of determining weight assignments and allowances for imported horses, the following weight conversions shall be used:

                                (1)           one kilogram equals two and one-fourth pounds, and

                                (2)           one stone equals 14 pounds.

                D.            Scale of Weights:

                                (1)           With the exception of apprentice allowances, handicaps, three years old horses entered to run in races against horses four year olds and upwards, and the allowance provided in paragraph (2) of this subsection, no jockey shall be assigned a weight of less than 118 pounds.  For three years old horses entered to run in races against horses four year olds and upwards from January 1 through August 31, no jockey shall be assigned a weight of less than 116 pounds.

                                (2)           Except in handicaps, fillies two years old shall be allowed three pounds, and fillies and mares three years old and upward shall be allowed five pounds before September 1, and three pounds thereafter in races where competing against horses of the opposite sex.

                                (3)           Quarter horses, minimum scale weights shall be 124 pounds for two years old, 126 pounds for three years old and 128 pounds for four year olds and older with the exception of handicap races.

                                (4)           A notice shall be included in the daily program that all jockeys will carry approximately three pounds more than the published weight to account for safety equipment (vest and helmet) that is not included in required weighing out procedures.  Additionally, upon stewards' approval, jockeys may weigh in with an additional three pounds for inclement weather gear.

                E.            Distance conversions:  For the purpose of determining eligibility, weight assignments and allowances for imported horses, the racing secretary shall convert metric distances to English measures by reference to the following scale:

Comparative table of distances

200 Meters

Equals

1 Furlong

1,000 Meters

Equals

5 Furlongs

1,200 Meters

Equals

6 Furlongs

1,400 Meters

Equals

7 Furlongs

1,600 meters

Equals

1 Mile

1,700 Meters

Equals

1 1/16 Miles

1,800 Meters

Equals

1 1/8 Miles

2,000 Meters

Equals

1 Ľ Miles

2,200 Meters

Equals

1 3/8 Miles

2,400 Meters

Equals

1 ˝ Miles

2,600 Meters

Equals

1 5/8 Miles

3,000 Meters

Equals

1 7/8 Miles

3,200 Meters

Equals

2 Miles

3,600 Meters

Equals

2 Ľ Miles

4,800 Meters

Equals

3 Miles

[15.2.5.10 NMAC - Rp, 15 NMAC 2.5.10, 3/15/2001; A, 1/1/2013; A, 6/1/2016; A, 5/1/2019; A, 02/25/2020]

 

15.2.5.11               WORKOUTS:

                A.            Requirements:

                                (1)           A non-starter must have had within 60 days prior to time of entry, one approved official schooling race or at least two workouts recorded at a pari mutuel or commission recognized facility and posted with the racing secretary prior to time of entry, one of the two workouts shall be from the starting gate, and be gate approved.  It shall be the trainer's responsibility to establish validity as to workouts and gate approvals.

                                (2)           Any horse which has started, but not within 60 days, must have at least one workout within 60 days prior to time of entry.  Horses that have not started within six months of entry must have at least two approved workouts within the 60 days prior to time of entry.

                                (3)           Horses that have never raced around the turn will be required to have within 30 days prior to time of entry, at least one workout at 660 yards or farther.

                                (4)           Gate approvals at a licensed facility must be made by a licensed starter on a commission approved form.

                B.            Identification:

                                (1)           Each horse must be properly identified prior to its participation in an official timed workout.

                                (2)           The trainer or exercise rider shall bring each horse scheduled for an official workout to be identified by the clocker or clocker's assistant immediately prior to the workout.

                                (3)           A horse may be properly identified by its lip tattoo or its digital tattoo immediately prior to participating in an official timed workout.  A horse may also be properly identified by other approved methods of positive identification as described in Subsection F of 15.2.3.8 NMAC.

                                (4)           The owner, trainer or rider shall be required to identify the distance the horse is to be worked and the point on the track where the workout will start.

                C.            Information dissemination:  Information regarding a horse's approved timed workout(s) shall be furnished to the public prior to the start of the race for which the horse has been entered.

                D.            Restrictions:  A horse shall not be taken onto the track for training or a workout except during hours designated by the association.

[15.2.5.11 NMAC - Rp, 15 NMAC 2.5.11, 3/15/2001; A, 3/30/2007; A, 6/15/2009; A, 7/5/2010; A, 1/1/2013; A. 3/15/2016; A, 12/16/16; A, 8/26/2017; A, 3/14/2018; A, 12/19/2019; A, 2/25/2020; A, 4/20/2021]

 

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;

                                (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, 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’ satisfaction;

                                (4)           if a quarter horse 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, is not microchipped with a unique microchip (ISO11784), 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, altered lip tattoo, altered or manipulated microchip (ISO11784), 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]

 

15.2.5.13               RUNNING OF THE RACE:

                A.            Equipment:

                                (1)           All riding crops are subject to inspection and approval by the stewards and the clerk of scales.  This rule will become effective December 10, 2010.

                                                (a)           All riding crops shall have a shaft and a flap and will be allowed in flat racing including training.  No riding crop shall weigh more than eight ounces nor exceed 30 inches in length, including the flap.  No riding crop shall be used unless the shaft is a minimum of three-eighths inch in diameter; and the shaft contact area must be smooth, with no protrusions or raised surface and covered by shock absorbing material that gives a compression factor of at least one-millimeter throughout its circumference.

                                                (b)           The flap is the only allowable attachment to the shaft and must meet the following specifications.  The length beyond the end of the shaft shall be a maximum of one inch with a mimimum width of eight-one hundreths inch and a maximum of one and six-tenths inches.  There shall be no reinforcements or additions beyond the end of the shaft.  There shall be no binding within seven inches of the end of the shaft and the flap must include shock absorbing characteristics similar to those of the contact area of the shaft.

                                (2)           No bridle shall exceed two pounds.

                                (3)           Reins.  No jockey, apprentice jockey, exercise person or any person mounted on a horse shall ride, breeze, exercise, gallop or workout a horse on the grounds of a facility under the jurisdiction of the commission unless the horse is equipped with a nylon rein or a safety rein.  A safety rein is a rein with a wire or nylon cord stitched into the traditional leather rein during the manufacturing process and the safety cord is attached to the bit with a metal clasp.

                                (4)           Toe grabs with a height greater than two millimeters worn on the front shoes of thoroughbred horses while racing are prohibited.  The horse shall be scratched and the trainer may be subject to fine.

                                (5)           A horse's tongue may be tied down with clean bandages, gauze or tongue strap.

                                (6)           No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards.

                                (7)           No licensee may change any equipment used on a horse in its last race without approval of the paddock judge or stewards.

                                (8)           Any licensed assistant starter and any licensee mounted on a horse or stable pony on the association grounds must wear a properly fastened New Mexico racing commission approved protective helmet and safety vest.

                                                (a)           The approved protective helmet and safety vest shall be worn when:

                                                                (i)            racing, parading or warming up a horse prior to racing; or

                                                                (ii)           jogging, training or excerising a horse at any time.

                                                (b)           The helmet worn must comply with one of the following minimum safety standards or later revisions:

                                                                (i)            American society for testing materials (ASTM 1163); or

                                                                (ii)           UK standards (EN-1384 and PAS-015); or

                                                                (iii)         Australian/New Zealand standard (AS/NZ 3838).

                                                (c)           The safety vest worn by a jockey shall weigh no more than two pounds and must comply with one of the following minimum standards or later revisions:

                                                                (i)            British equestrian trade association (BETA):2000 level 1; or

                                                                (ii)           euro norm (EN) 13158:2000 1; or

                                                                (iii)         American society for testing and materials (ASTM) F2681-08 or F1937; or

                                                                (iv)          shoe and allied trade research association (SATRA) jockey vests document M6 Issue 3; or

                                                                (v)           Australian racing board (ARB) standard 1.1998.

                                                (d)           A safety helmet or safety vest shall not be altered in any manner nor shall the product marking be removed or defaced.

                B.            Racing numbers:

                                (1)           Each horse shall carry a conspicuous saddle cloth number corresponding to the official number given that horse on the official program.

                                (2)           In the case of a coupled entry that includes more than one horse, each horse in the entry shall carry the same number, with a different distinguishing letter following the number.  As an example, two horses in the same entry shall appear in the official program as 1 and 1A.

                                (3)           Each horse in the mutuel field shall carry a separate number or may carry the same number with a distinguishing letter following the number.

                C.            Jockey requirements:

                                (1)           Jockeys shall report to the jockeys' quarters at the time designated by the association.  Jockeys shall report their engagements and any overweight to the clerk of scales.  Jockeys shall not leave the jockeys' quarters, except to ride in scheduled races, until all of their riding engagements of the day have been fulfilled except as approved by the stewards.

                                (2)           A jockey who has not fulfilled all riding engagements, who desires to leave the jockeys' quarters, must first receive the permission of the stewards and must be accompanied by an association security guard.

                                (3)           Except as otherwise provided by this subsection, a jockey engaged for a certain race or for a specified time may not fail or refuse to abide by the engagement agreement, unless excused by the stewards.  Failure to fulfill riding engagements may result in disciplinary action.

                                (4)           A jockey may be excused by the stewards from fulfilling the jockey’s riding engagement if the jockey believes the horse he or she is to ride is unsafe, or the racecourse he or she is to ride on is unsafe, or the jockey is ill or injured, or other extenuating circumstances.  No jockey may take off a mount for reasons of safety without first mounting and taking that horse to the track and/or commission veterinarian unless that horse is unruly in the paddock.  In that event a jockey’s fee is not earned.

                                (5)           Any jockey unseated or thrown from their mount in the saddling paddock, during the parade to post, while being loaded in the starting gate, during the race, or after the race, may be required by the stewards to be examined by the paramedic, doctor or registered nurse before being allowed to ride.  Refusal to be examined or receive medical treatment may be grounds for the stewards to take the rider off their mount for that race and any other races on that day.  In the event the jockey is injured or unable to ride they shall be required to provide a doctor’s medical release before they are allowed to resume participation in racing or training.

                                (6)           The stewards may require a jockey who is excused from fulfilling a riding engagement, because of illness or injury, to pass a physical examination conducted by a licensed physician not employed by the association before resuming race riding.

                                (7)           While in the jockeys' quarters, jockeys shall have no contact or communication with any person outside the jockeys' quarters other than commission personnel and officials, an owner or trainer for whom the jockey is riding or a representative of the regular news media, except with the permission of the stewards.  Any communication permitted by the stewards may be conducted only in the presence of the clerk of scales or other person designated by the stewards

                                (8)           Jockeys shall be weighed out for their respective mounts by the clerk of scales not more than 30 minutes before post time for each race

                                (9)           A jockey's fee shall be considered earned when the jockey is weighed out by the clerk of scales.  In the event an owner or trainer elects to remove a jockey from his or her mount after naming a rider at the time of draw, the stewards may require a double jockey fee to be paid.  The fee to be paid is equal to that earned by the jockey who rode the horse.  The fee shall not be considered earned when a jockey(s), of their own free will, take themselves off their mounts, where injury to the horse or rider is not involved.  Any conditions or considerations not covered by the above rule shall be at the discretion of the stewards.  All jockey protests must be filed prior to the race.

                                (10)         A jockey’s fee shall include any extra monies added to the purse.

(11)         Only valets employed by the association shall assist jockeys in weighing out.

                                (12)         A jockey's weight shall include their clothing, boots, saddle and its attachments and any other equipment except the whip, bridle, bit or reins, safety helmet, safety vest, blinkers, goggles and number cloth.  Upon the stewards’ approval, 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.

                                (13)         Five pounds is the limit of overweight any horse is permitted to carry.

                                (14)         Once jockeys have fulfilled their riding engagements for the day and have left the jockeys' quarters, they shall not be re-admitted to the jockeys' quarters until after the entire racing program for that day has been completed, except with permission of the stewards.

                D.            Paddock to post:

                                (1)           Each horse shall carry the full weight assigned for that race from the paddock to the starting post, and shall parade past the stewards' stand, unless excused by the stewards.  The post parade shall not exceed 12 minutes, unless otherwise ordered by the stewards.  It shall be the duty of the stewards to ensure that the horses arrive at the starting gate as near to post time as possible.

                                (2)           In the post parade, all pony persons, or trainers who pony horses, must wear upper body apparel in accordance with the policy of the commission.

                                (3)           After the horses enter the track, no jockey may dismount nor entrust his horse to the care of an attendant unless, because of accident occurring to the jockey, the horse or the equipment, and with the prior consent of the starter.  During any delay during which a jockey is permitted to dismount, all other jockeys may dismount and their horses may be attended by others.  After the horses enter the track, only the jockey, an assistant starter, the official veterinarian, the racing veterinarian or an outrider or pony rider may touch the horse before the start of the race.

                                (4)           If a jockey is seriously injured on the way to the post, the horse may be returned to the paddock and a replacement jockey obtained.

                                (5)           After passing the stewards' stand in parade, the horses may break formation and proceed to the post in any manner unless otherwise directed by the stewards.  Once at the post, the horses shall be started without unnecessary delay.

                                (6)           In case of accident to a jockey or their mount or equipment, the stewards or the starter may permit the jockey to dismount and the horse to be cared for during the delay, and may permit all jockeys to dismount and all horses to be attended to during the delay.

                                (7)           If a jockey is thrown on the way from the paddock to the post, the horse must be remounted, returned to the point where the jockey was thrown and then proceed over the route of the parade to the post.  The horse must carry its assigned weight from paddock to post and from post to finish.

                                (8)           If a horse leaves the course while moving from paddock to post, the horse shall be returned to the course at the nearest practical point to that at which it left the course, and shall complete its parade to the post from the point at which it left the course unless ordered scratched by the stewards.

                                (9)           No person shall willfully delay the arrival of a horse at the post.

                                (10)         The starter shall load horses into the starting gate in any order deemed necessary to ensure a safe and fair start.  An appointed representative may tail the horse with the starter's consent.  In case of an emergency, the starter may grant approval for a horse to be tailed.  In any case, the stewards shall be notified of who is tailing horses.

                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.

                                                (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]

 

15.2.5.14               PROTESTS, OBJECTIONS AND INQUIRIES:

                A.            Stewards to inquire:  The stewards shall take cognizance of foul riding and, upon their own motion or that of any racing official or person empowered by this chapter to object or complain, shall make diligent inquiry or investigation into such objection or complaint when properly received.

                B.            Race objections:

                                (1)           An objection to an incident alleged to have occurred during the running of a race shall be received only when lodged with the clerk of scales, the stewards or their designees, by the owner, the authorized agent of the owner, the trainer or the jockey of a horse engaged in the same race.

                                (2)           An objection following the running of any race must be filed before the race is declared official, whether all or some riders are required to weigh in, or the use of a "fast official" procedure is permitted.

                                (3)           The stewards shall make all findings of fact as to all matters occurring during an incident to the running of a race; shall determine all objections and inquiries, and shall determine the extent of disqualification, if any, of horses in the race.  Such findings of fact and determination shall be final for pari mutuel payout purposes.

                C.            Prior objections:

                                (1)           Objections to the participation of a horse entered in any race shall be made to the stewards in writing, signed by the objector, and filed no later than post time for the race in which the objection was filed.  Any such objections shall set forth the specific reason or grounds for the objection in such detail so as to establish probable cause for the objection.  The stewards upon their own motion may consider an objection until such time as the horse becomes a starter.

                                (2)           An objection to a horse which is entered in a race may be made on, but not limited to, the following grounds or reasons:

                                                (a)           a misstatement, error or omission in the entry under which a horse is to run;

                                                (b)           the horse, which is entered to run, is not the horse it is represented to be at the time of entry, or the age was erroneously given;

                                                (c)           the horse is not qualified to enter under the conditions specified for the race, or the allowances are improperly claimed or not entitled the horse, or the weight to be carried is incorrect under the conditions of the race;

                                                (d)           the horse is owned in whole or in part, or leased or trained by a person ineligible to participate in racing or otherwise ineligible to own a race horse as provided in these rules;

                                                (e)           the horse was entered without regard to a lien filed previously with the racing secretary.

                                                (f)            the horse is subject of a rule violation.

                                (3)           The stewards may scratch any horse from the race, which is the subject of an objection if they have reasonable cause to believe that the objection is valid.

                D.            Protests:

                                (1)           A protest against any horse, which has started in a race, shall be made to the stewards in writing, signed by the protestor, and must be accompanied by a fee in the amount of $1000 in the form of a cashier’s check or money order within 48 hours of the race.  If the incident upon which the protest is based occurs within the last two days of the meeting, such protest may be filed with the commission within 48 hours exclusive of Saturdays, Sunday or official holidays.  Any such protest shall set forth the specific reason or reasons for the protest in such detail as to establish probable cause for the protest.

                                (2)           A protest may be made on any of the following grounds:

                                                (a)           any grounds for objection as set forth in this chapter;

                                                (b)           the order of finish as officially determined by the stewards was incorrect due to oversight or errors in the numbers of the horses, which started the race;

                                                (c)           a jockey, trainer, owner or lessor was ineligible to participate in racing as provided in this chapter;

                                                (d)           the weight carried by a horse was improper, by reason of fraud or willful misconduct;

                                                (e)           an unfair advantage was gained in violation of the rules;

                                                (f)            the disqualification of a horse(s).

                                (3)           Notwithstanding any other provision in this article, the time limitation on the filing of protests shall not apply in any case in which fraud or willful misconduct is alleged provided that the stewards are satisfied that the allegations are bona fide and verifiable.

                                (4)           No person shall file any objection or protest knowing the same to be inaccurate, false, untruthful or frivolous.

                                (5)           The commission may fine any license holder an amount of up $2,500 after considering protest, if based on the evidence they determine that the protest is frivolous, unreasonable or unnecessary.

                                (6)           If a license holder who appealed fails to appear for any scheduled hearing without providing five days prior notice, the stewards or the commission may impose costs.

                                (7)           The stewards may order any purse, award or prize for any race withheld from distribution pending the determination of any protest.  In the event any purse, award or prize has been distributed to an owner or for a horse which by reason of a protest or other reason is disqualified or determined to be not entitled to such purse, award or prize, the stewards or the commission may order such purse, award or prize returned and redistributed to the rightful owner or horse.  Any person who fails to comply with an order to return any purse, award or prize erroneously distributed shall be subject to fines and suspension.

                E.            Race review committee:

                                (1)           If a timely objection concerning a race is filed in accordance with the rules, the agency director may refer the objection to the race review committee who shall consist of three members appointed by the commission.  The agency director shall issue and send, or deliver, to the objecting party a notice of hearing stating the date, time and place at which the race review committee will hear the appeal.  The notice of hearing shall also be sent, or delivered, to any trainer or owner the placement of whose horse may be affected by the outcome of the appeal.  The race review committee shall review the official tape or tapes of the race.  Affected parties shall be given the opportunity to state their positions to the committee.

                                (2)           The committee shall state its conclusions as to the merits of the objection and shall make a recommendation to the commission as to whether to uphold the stewards’ determination, or to revise the order of finish.  The commission shall then make the final determination as to the order of finish.  The race review committee and the commission may only address the issues raised in the appeal filed.

[15.2.5.14 NMAC - Rp, 15 NMAC 2.5.14, 3/15/2001; A, 8/30/2001; A, 6/15/2004; A, 9/15/2009; A, 4/20/2021; A, 4/9/2024]

 

History of 15.2.5 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:

NMSRC 67-1, Amendment No. 1, Rule Revisions Adopted by the New Mexico State Racing Commission April 21, 1967 Rules 352 & 380, filed 4/26/1967;

NMSRC 69-1, New Mexico Laws and Rules and Regulations Governing Horse Racing, filed 6/9/1969;

NMSRC 81-1, Rules Governing Horse Racing in New Mexico, filed 12/4/1981.

 

History of Repealed Material:

15 NMAC 2.5, Horse Racing - Horse Race - Rules of the Race (filed 9/29/1995) repealed 3/15/2001.

 

Other History:

That applicable portion of NMSRC 81-1, Rules Governing Horse Racing in New Mexico (filed 12/4/1981) was renumbered, reformatted and amended to 15 NMAC 2.5, Horse Racing - Horse Race - Rules of the Race, effective 10/14/1995.

15 NMAC 2.5, Horse Racing - Horse Race - Rules of the Race (filed 9/29/1995) renumbered, reformatted and replaced by 15.2.5 NMAC, Horse Race - Rules of the Race, effective 3/15/2001.