NM Stat § 60-1A-11 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 1A - Horse Racing Act|Section 60-1A-11 - Granting a license; standards; denial and revocation; suspension and penalties. (Repealed effective July 1, 2022.)

A. A license shall not be issued or renewed unless the applicant has satisfied the commission that the applicant: (1) is of good moral character, is honest and has integrity; (2) does not currently have a license suspended by a horse racing licensing authority in another jurisdiction; (3) does not have any prior activities, criminal record, reputation, habits or associations that: (a) pose a threat to the public interest; (b) pose a threat to the effective regulation and control of horse racing; or (c) create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of horse racing, the business of operating a horse racetrack licensed pursuant to the Horse Racing Act or the financial activities incidental to operating a horse racetrack; (4) is qualified to be licensed consistent with the Horse Racing Act; (5) has sufficient business probity, competence and experience in horse racing as determined by the commission; (6) has proposed financing that is sufficient for the nature of the license and from a suitable source that meets the criteria set forth in this subsection; and (7) is sufficiently capitalized pursuant to standards set by the commission to conduct the business covered by the license. B. The commission shall establish by rule additional qualifications for a licensee as it deems in the public interest. C. A person issued or applying for an occupational license who has positive test results for a controlled substance or who has been convicted of a violation of a federal or state controlled substance law shall be denied a license or shall be subject to revocation of an existing license unless sufficient evidence of rehabilitation is presented to the commission. D. The commission may deny or revoke an occupational license if the applicant or occupational licensee, for the purpose of stimulating or depressing a racehorse or affecting its speed or stamina during a race or workout, is found to have administered, attempted to administer or conspired to administer to a racehorse, internally, externally or by injection, a drug, chemical, stimulant or depressant, or other prohibited substance as defined by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry as determined by the commission. E. In addition to its authority to deny or revoke an occupational license for the conduct described in Subsection D of this section, the commission may suspend a license and impose fines on a licensee. For suspensions and fines, the commission shall adopt as its own rules the model rules for the imposition of penalties for the use of prohibited substances published by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar rules that are generally accepted in the horse racing industry as determined by the commission. F. The commission shall revoke for a period not to exceed five years an occupational license if the occupational licensee used, attempted to use or conspired with others to use an electrical or mechanical device, implement or instrument for the purpose of affecting the speed or stamina of a racehorse. G. The burden of proving the qualifications of an applicant or licensee to be issued a license or have a license renewed shall be on the applicant or licensee. History: Laws 2007, ch. 39, § 11; 2013, ch. 103, § 2; 2017, ch. 28, § 1; 2017, ch. 145, § 1. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 60-1A-29 NMSA 1978. Cross references. — For duty of the gaming control board to conduct background investigations pursuant to the Horse Racing Act, see 60-2E-7 NMSA 1978. Duplicate amendments. — Laws 2017, ch. 28, § 1 and Laws 2017, ch. 145, § 1, both effective July 1, 2017, enacted identical amendments to this section. The section is set out as amended by Laws 2017, ch. 28, § 1. See compiler's note below. Compiler's notes. — Laws 2017, ch. 28, § 1, was signed into law by the governor on March 30, 2017. Senate Bill 184 (Laws 2017, ch. 145), enacted by the Fifty-Third Legislature, First Session, 2017, was vetoed by the governor on March 15, 2017. Pursuant to the First Judicial District Court's decision in State ex rel. New Mexico Legislative Council v. Honorable Susana Martinez, Governor of the State of New Mexico et al., D-101-CV-2017-01550, and affirmed by S.Ct. Order No. S-1-SC-36731, on April 25, 2018, which held that Article IV, Section 22 of the New Mexico Constitution requires that objections must accompany a returned bill, Senate Bill 184 was chaptered into law by the Secretary of State. Pursuant to 12-1-8 NMSA 1978, the section was set out as amended by Law 2017, ch. 28, § 1. The 2017 amendment, effective July 1, 2017, removed certain exceptions to conduct that requires denial or revocation of an occupational license, and authorized the state racing commission to revoke occupational licenses for a period not to exceed five years if the licensee attempted to use or conspired with others to use an electrical or mechanical device for the purpose of affecting the speed or stamina of a racehorse; in the catchline, added "denial and revocation; suspension and penalties"; in Subsection A, Paragraph A(1), after "character", deleted "honesty" and added "is honest", and after "and", added "has", and in Paragraph A(3), in the introductory clause, after "does not have", added "any"; deleted former Subsection D, which provided for the denial of occupational licenses for certain violations, and redesignated former Subsection E as new Subsection D; in Subsection D, deleted "An occupational license may be denied or revoked" and added "The commission may deny or revoke an occupational license", deleted the paragraph designation "(1)", after "stimulant or depressant, or other", deleted "performance altering" and added "prohibited", after "as determined by the commission", deleted "unless the applicant or occupational licensee has been specifically permitted to do so by the commission or a steward; or", and deleted former Paragraph E(2), which listed certain prohibited acts and exceptions; added new Subsections E and F, and redesignated former Subsection F as Subsection G; and in Subsection G, after "to be issued", added "a license". The 2013 amendment, effective June 14, 2013, added the condition that the applicant does not have a license suspended in another jurisdiction; provided a nationally recognized classification of prohibited substances; added Paragraph (2) of Subsection A; in Subparagraph (c) of Paragraph (3) of Subsection A, after "operating a horse racetrack", added "licensed pursuant to the Horse Racing Act"; in Paragraph (1) of Subsection E, after "stimulant or depressant, or", deleted "foreign substance not naturally occurring in a racehorse" and added "performance-altering substance as defined by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry as determined by the commission"; in Paragraph (2) of Subsection E, after "implement or instrument, except", deleted "an ordinary whip" and added "a commission-approved riding crop"; and deleted former Subsection G, which provided that the commission's determination of a matter was final and not subject to appeal. District judge has no jurisdiction to restrain state racing commission from enforcing the suspension of a jockey's license because of the failure of the jockey to first exhaust his administrative remedies. State Racing Comm'n v. McManus, 1970-NMSC-134,82 N.M. 108, 476 P.2d 767 (decided under former law). Mandamus available remedy when commission exceeds authority. — While suspension of petitioner's license and forfeiture of the purse ordinarily are matters within the discretion of the commission and not reviewable on appeal, mandamus is available to a petitioner to make certain that the commission does not exceed its authority under this section. Sanderson v. N.M. State Racing Comm'n, 1969-NMSC-031, 80 N.M. 200, 453 P.2d 370 (decided under former law).