reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.12 - DELEGATION OF AUTHORITY TO INITIATE REVOCATION PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the board's
				discretion, the board may delegate to the executive director authority to make
				the initial determination to revoke a staff permit or license and to issue a
				complaint seeking revocation. The initial determination shall be based on
				evidence sufficient to support issuance of a complaint seeking to revoke the
				staff permit or license.
B. The
				board retains accountability for the authority delegated and retains the
				authority to make the final decision to revoke a staff permit or license
				following the initial decision by the executive director and public hearing
				before the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees, applicants for
				  licensure, and persons aggrieved by an action of the board or its agents under
				  the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo and
				  Raffle Act Section
				  60-2F-3
				  NMSA 1978. Sections
				  60-2F-6,
				  60-2F-23 and
				  60-2F-24 NMSA
				  1978 authorize the board to adopt procedural regulations to govern the
				  procedures to be followed in administrative appeal hearings conducted pursuant
				  to the New Mexico Bingo and Raffle Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the guidelines and procedures for the
				  conduct of hearings under the New Mexico Bingo and Raffle Act when the hearing
				  is initiated by a person aggrieved by an action of the board or its agent. Any
				  person aggrieved by a decision of the board, including a denial of a license or
				  permit, shall request a hearing for review of board action pursuant to 15.4.14
				  NMAC and obtain a final decision of the board pursuant to
				  15.4.14.17
				  NMAC prior to filing an appeal to the district court.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this 15.4.14 NMAC, "party" means each person
				  named or admitted as a party to a proceeding before the board or its duly
				  appointed hearing examiner.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.8 - PUBLIC HEARINGS; LOCATION; HEARING EXAMINER

Current through Register Vol. 35, No. 13, July 16, 2024
A. All hearings held pursuant to Section
				60-2F-24 NMSA
				1978 shall be conducted by a hearing examiner duly appointed by the
				board.
B. Except for telephonic
				hearings, hearings shall be conducted at the office of the board.
C. All hearings held pursuant to Section
				60-2F-24 NMSA
				1978 shall be open to the public.
D. The hearing shall be recorded on audiotape
				or other means of sound reproduction, or by a certified court
				reporter.
E. Any hearing provided
				for in this rule may be held telephonically, in the interest of a speedy
				resolution.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.9 - REQUEST FOR REVIEW OF BOARD ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person aggrieved by an action of the
				board or one of its agents may request a hearing for the purpose of review of
				such action. The appellant shall file the request for hearing within 30 days of
				the date the action is taken. The request shall include the following:
(1) a statement of the facts relevant to the
				review of the action;
(2) a
				statement of the provision of the act and the rules promulgated under the act
				that are relevant to the review of the action;
(3) a statement of the arguments that the
				appellant considers relevant to the review of the action; and
(4) any other evidence considered
				relevant.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.10 - RECORD OF PROCEEDING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				record of the proceeding shall include:
(1)
				all pleadings, motions, and intermediate rulings;
(2) evidence received or
				considered;
(3) a statement of
				matters officially noticed;
(4)
				questions and offers of proof, objections and rulings thereon;
(5) proposed findings and conclusions;
				and
(6) any action recommended by
				the hearing examiner.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.11 - DISCOVERY; SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may, subject to the rules of privilege and confidentiality recognized by
				law, require the furnishing of information, the attendance of witnesses, and
				the production of books, records, papers or other objects necessary and proper
				for the purposes before it, and may take the deposition of witnesses, including
				parties.
B. The board may issue
				subpoenas requiring the attendance and testimony of witnesses and the
				production of any evidence, including books, records, correspondence or
				documents, relating to any matter in question in the proceeding. Subpoenas to
				compel any person to appear at a deposition or at a hearing on the merits of
				the matter shall be served no later than 10 calendar days before the deposition
				or hearing unless good cause is shown by the party requesting the
				subpoena.
C. The subpoena shall
				state with reasonable specificity the nature of the evidence required to be
				produced, the time and place of the hearing or deposition, the nature of the
				inquiry or investigation, and the consequences of failure to obey the subpoena.
				The subpoena shall be signed and attested to by the board or its
				designee.
D. Witnesses summoned
				shall be paid the same fees for attendance and travel as in civil actions in
				the district court unless otherwise provided for by law.
E. Any party to the proceeding may request
				issuance of a subpoena by the board in connection with the proceeding. The
				board shall issue the subpoena upon written application to the board. The
				subpoena shall show on its face the name and address of the party at whose
				request the subpoena was issued.
F.
				Any witness summoned may petition the board to vacate or modify the subpoena
				served on the witness. The board shall give prompt notice to the party, if any,
				who requested service of the subpoena. The board may grant the petition in
				whole or in part if, after the investigation it deems appropriate, the board
				determines that:
(1) the testimony or evidence
				to be produced does not reasonably relate to any matter in question;
(2) the testimony or evidence to be produced
				is unreasonable or oppressive;
(3)
				the subpoena was not issued a reasonable period of time in advance of the time
				when evidence is requested; or
(4)
				any other reason justifies vacating or modifying the subpoena.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.12 - PROCEDURES; EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				party may be represented by a person licensed to practice law in the state. An
				individual appellant may represent himself.
B. The rules of evidence as applied in the
				courts do not apply in these proceedings. Any relevant evidence may be
				admitted, and such evidence shall be sufficient in itself to support a finding
				if it is reliable, regardless of the existence of any statutory or common law
				rule that might make admission of such evidence improper in a civil action.
				Irrelevant, immaterial, or unduly repetitious evidence may be excluded at a
				party's request or on the hearing examiner's own initiative.
C. Documentary evidence may be received in
				evidence in the form of true copies of the original.
D. Documentary and other physical evidence
				may be authenticated or identified by any reasonable means that shows that the
				matter in question is what its proponent claims it to be.
E. The experience, technical competence and
				specialized knowledge of the hearing examiner, the board, or its staff may be
				used in the evaluation of evidence.
F. Evidence on which the board may base its
				decision is limited to the following:
(1) all
				evidence, including any records, investigation reports, and documents in the
				board's possession, of which it desires to avail itself as evidence in making a
				decision, that is offered and made a part of the record of the
				proceeding;
(2) testimony and
				exhibits introduced by the parties; and
(3) official notice of any fact of which
				judicial notice may be taken and other facts within the board's specialized
				knowledge. Whenever the hearing examiner takes official notice of any fact, the
				noticed fact and its source shall be stated at the earliest possible time
				before or during the hearing, and any party shall be given, on timely request,
				an opportunity to show the contrary.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.13 - CONDUCT OF PROCEEDING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless the hearing examiner reasonably determines that a different procedure is
				appropriate, the hearing shall be conducted in accordance with the procedures
				set forth in this rule.
B. In
				addition to any procedures described by the act, the following procedures shall
				apply:
(1) the appellant may present an
				opening statement on the merits and the appellee may make a statement of the
				defense or reserve the statement until presentation of its case;
(2) after the opening statements, if made,
				the appellant shall present its case in chief in support of its
				petition;
(3) upon conclusion of
				appellant's case in chief, the appellee may move for dismissal of the petition;
				the hearing examiner may suspend the hearing and refer the motion to the board,
				which shall grant, deny, or reserve decision on the motion, with or without
				argument, as soon as practicable but in no event later than its next regularly
				scheduled board meeting;
(4) if no
				motion to dismiss is made, or if the board denies or reserves decision on the
				motion, the appellee shall present its case in defense;
(5) upon conclusion of the appellee's case,
				the appellant may present rebuttal evidence;
(6) after presentation of the evidence by the
				parties, the appellant may present a closing argument; the appellee then may
				present its closing argument, and the appellant may present a rebuttal
				argument; and
(7) thereafter, the
				matter shall be submitted for recommendation by the hearing examiner.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.14 - BURDEN OF PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
The appellant bears the burden of showing by a preponderance
				  of the evidence that the decision made by the board or its agents should be
				  reversed or modified.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.16 - DEFAULT; PROCEDURE FOR RECOMMENDATION OF DEFAULT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Failure of the appellee to schedule a
				hearing within 60 days, unless the 60 day time period is extended, or of any
				party to appear at the hearing on the merits personally or by telephone,
				without having obtained a continuance may constitute a default and an admission
				on all matters and facts alleged by the opposing party and shall be deemed a
				waiver of the right to an evidentiary hearing on the matter. The hearing
				examiner may proceed to consider the matter, and the board may dispose of it,
				on the basis of the evidence before it.
B. If the appellee fails to schedule a
				hearing within 60 days, the appellant shall file a motion requesting the
				hearing examiner to recommend to the board that default judgment be entered
				against the appellee:
(1) the appellee shall
				file a response to the motion and shall request a hearing on the motion to
				recommend default judgment within 10 calendar days of the date the motion is
				served; failure of the appellee to file a response and to request a hearing
				shall constitute consent to the granting of the motion; and
(2) if the appellee timely files a response
				to the motion, the hearing examiner shall hear the matter; the hearing examiner
				may deny the motion and allow the appellee additional time to schedule a
				hearing on the merits if an accident, illness or other good cause prevented the
				appellee from timely scheduling a hearing.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.17 - RECOMMENDED ACTION; FINAL DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the request of the hearing examiner or
				upon motion by either party granted by the hearing examiner, and before the
				hearing examiner recommends action by the board, the parties may submit briefs
				including findings of fact and conclusions of law for consideration by the
				hearing examiner. The hearing examiner has the discretion to request briefs or
				grant a motion to submit briefs on any point of law deemed appropriate by the
				hearing examiner. Briefs submitted shall include supporting reasons for any
				findings or legal conclusions and citations to the record and to relevant
				law.
B. Should the hearing examiner
				request briefs or grant a party's motion to submit briefs, the hearing shall be
				continued until the hearing examiner has given the briefs sufficient
				consideration and brings the hearing to a close. The hearing, however, shall be
				completed no later than 45 days from the date of continuance.
C. Not more than 30 days after completion of
				the hearing, the hearing examiner shall prepare a written decision containing
				their recommendation of action to be taken by the board. The recommendation may
				propose to sustain, modify, or reverse the initial decision of the board or its
				agent.
D. Notice of the hearing
				examiner's recommended action shall be served on the parties as promptly as
				possible but in no event later than 15 days after the date of the hearing on
				the matter. Service shall be made by registered or certified mail.
E. The board shall accept, reject or modify
				the hearing examiner's recommendation by majority vote. The final decision or
				order shall be issued in writing and shall include a statement of findings and
				conclusions and the reasons therefore, on all material issues of fact, law or
				discretion involved, together with the specific action taken to sustain,
				modify, or reverse the initial decision of the board or its agent.
F. The board may dismiss an appeal with or
				without prejudice without recommendation of the hearing officer, upon
				stipulation of the parties.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.18 - EX PARTE COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				party or representative of any other person shall communicate off the record,
				orally or in writing, with the hearing examiner or any board member except upon
				notice and opportunity to all parties to participate.
B. Neither the hearing examiner nor any
				member of the board shall communicate off the record, orally or in writing,
				with any party or representative of any party in connection with any issue of
				fact or law related to a proceeding under this rule except upon notice and
				opportunity to all parties to communicate.
C. Notwithstanding the provisions of
				Subsections A and B of 15.4.14.18 NMAC, a party may submit information to the
				board in confidence when such information is required by law or the rules of
				the board or required by a subpoena issued by the board to be made or
				transmitted to the board. However, information ruled by the board as
				non-confidential is subject to the prohibition on ex parte communications
				withstanding the provisions of Subsections A and B of 15.4.14.18 NMAC, ex parte
				communications are permitted, where circumstances require, for procedural or
				administrative purposes or emergencies that do not deal with substantive
				matters or issues on the merits if the board member or hearing examiner
				reasonably believes that no party will gain an advantage as a result of the ex
				parte communication.
D. Upon
				receipt of a communication knowingly made or caused to be made by a party to a
				board member or hearing examiner in violation of this section, the board member
				or hearing officer may, to the extent consistent with the interests of justice
				and the policy of the underlying statutes, require the party to show cause why
				its claim or interest in the proceeding should not be dismissed, denied,
				disregarded or otherwise adversely affected on account of the violation of this
				section.
E. This section does not
				preclude:
(1) the hearing examiner or any
				member of the board from consulting with board counsel concerning any matter
				before the board, except any matter relating to a proceeding in which board
				counsel is representing the state; or
(2) any party from conferring with the
				hearing examiner or board counsel concerning procedural matters that do not
				involve issues of fact or law related to the proceeding.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.19 - TELEPHONIC HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				party requesting a telephonic hearing shall do so within 10 working days of the
				date of the notice. When the parties agree to conduct the hearing by telephone,
				notice of the telephonic hearing shall be made to all parties and shall include
				all necessary telephone numbers.
B.
				Any party that has agreed to a telephonic hearing but subsequently requests an
				in-person hearing shall do so in writing to the hearing examiner no later than
				10 days before the scheduled date of the hearing. The request shall
				specifically state the reasons the requesting party believes an in-person
				hearing is necessary, including, at a minimum, the issues in question, the
				expected conflicting testimony, and how an in-person hearing would
				significantly advance the hearing examiner's fact-finding ability. The hearing
				examiner's decision to grant or deny the hearing shall be issued in writing and
				shall include the specific reasons for granting or denying the request. If the
				hearing examiner grants the request, the hearing shall be rescheduled to a time
				convenient for all parties. If the hearing examiner denies the request, the
				telephonic hearing shall proceed as scheduled.
C. The location or locations of the parties
				during the hearing shall have a telephone and the means by which documents may
				be transmitted between the parties and hearing examiner.
D. The hearing officer shall initiate the
				telephone call. The petitioner and respondent are responsible for ensuring that
				the telephone number to their locations for the telephonic hearing is accurate
				and that they are available at the telephone number at the time the hearing is
				to commence. The board's staff shall conduct the hearing on a speaker phone and
				shall record the hearing, or in the alternative, shall provide a court reporter
				to transcribe the hearing. Failure to provide the correct telephone number or
				failure to be available at the commencement of the hearing shall be treated as
				a failure to appear and shall subject the non-responsive party to a default
				judgment.
E. The in-person presence
				of some parties or witnesses at the hearing does not prevent the participation
				of other parties or witnesses by telephone with prior approval of the hearing
				examiner.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 14 - ADMINISTRATIVE APPEAL › Section 15.4.14.20 - APPEALS TO THE DISTRICT COURT

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Subsection A of Section
				  60-2F-24 NMSA
				  1978, any person aggrieved by a final decision of the board issued pursuant to
				  15.4.14.17
				  NMAC may appeal to the district court pursuant to the provisions of Section
				  39-3-1.1
				  NMSA 1978.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 1 apply to all parts of Chapter 6 of
				  Title 15, and provide relevant information to anyone affected or interested in
				  Chapter 6 of Title 15.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 1 of Chapter 6 of Title 15 is promulgated pursuant to
				  the Professional Athletic Competition Act, Sections
				  60-2A-1
				  through
				  60-2A-30,
				  NMSA 1978 (1980 Repl. Pamp.).
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 23, 2002, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 of Chapter 6 is to set forth the
				  provisions that apply to all of Chapter 6, and to all persons and entities
				  affected by Chapter 6 of Title 15.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.8 - DOCUMENTS FILED WITH COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
All applications, records, or other papers and documents
				  filed with or submitted to the commission or to the medical advisory board
				  appointed by the commission, or at any hearing, shall become the property of
				  the commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.9 - LICENSEE RECORDS SUBJECT TO COMMISSION INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
All the books and records of any licensee of this commission;
				  or of any corporation of which the licensee is an officer, director or
				  stockholder; and which directly or indirectly concern unarmed combat, including
				  but not limited to boxing, wrestling, or martial arts, shall at all times be
				  subject to the inspection of the commission at such times and under such
				  circumstances as the commission may direct.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.10 - DUTIES OF THE COMMISSION ADMINISTRATOR

Current through Register Vol. 35, No. 13, July 16, 2024
The commission's administrator shall keep a full and true
				  record of all the commission's proceedings; preserve and keep its books,
				  documents, papers, records; and prepare such papers, reports, and other
				  documents as may be required by the commission; and perform such other duties
				  as may be assigned to the commission administrator from time to time by the
				  commission. The commission administrator shall keep a record of the minutes of
				  all commission meetings and prepare monthly financial statements for the
				  commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.11 - MINUTES OF COMMISSION MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The minutes of all commission meetings shall be transcribed
				  and kept on file at the commission's office and placed online, at
				  http://www.rld.state.nm.us/boards/athletic_commission_members_and_meetings.aspx.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.12 - MEDICAL ADVISORY BOARD RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The records of the medical advisory board shall not be
				  available for public inspection unless the commission is served with a subpoena
				  issued by a court of competent jurisdiction.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.13 - AMENDMENT OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may suspend, amend, revise or re-codify the
				  rules in compliance with the Uniform Licensing Act (NMSA 1978 Sections
				  61-1-1
				  through
				  61-1-33 ).
				  Any amendment of the rules shall be published by the commission as required by
				  law, and shall be available for public inspection.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.14 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of Chapter 6 of Title 15 is held
				  invalid, the remainder, or its application to their situations or persons,
				  shall not be affected.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.15 - OPEN MEETINGS NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
Commission meetings shall be open to the public and shall be
				  noticed pursuant to the Open Meetings Act, NMSA 1978, Sections
				  10-15-1
				  to
				  10-15-4, and
				  in accordance with the commission's annual Open Meetings
				  Resolution
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.16 - INSPECTION OF PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission operates in compliance with the Inspection of
				  Public Records Act, NMSA 1978 Sections
				  14-2-1
				  through
				  14-2-12.
				  The commission's administrator is the custodian of the commission's records.
				  The commission may provide copies of public records upon request and upon
				  payment of a reasonable copying fee. No person shall remove commission
				  documents from the commission office. The commission maintains files for all
				  applicants. Information in the applicant's file is a matter of public record
				  except for the following:
A. medical
				reports, records of chemical dependency, physical or mental
				examinations;
B. complaints, and
				investigative files obtained during the course of an investigation or
				processing of a complaint, and before the vote of the commission as to whether
				to dismiss the complaint or to issue a notice of contemplated action as
				provided in the Uniform Licensing Act, NMSA 1978, Section
				61-1-1 et
				seq., and in order to preserve the integrity of the investigation of the
				complaints, records and documents that reveal confidential sources, methods,
				information or licensees accused, but not yet charged with a violation, such
				records shall include evidence in any form received or compiled in connection
				with any such investigation of the complaint or of the licensee by or on behalf
				of the commission by any investigating agent or agency; upon the completion of
				the investigation or processing of the complaint, AND upon the decision of the
				commission to dismiss the complaint or to issue a notice of contemplated
				action, the confidentiality privilege shall dissolve, and the records,
				documents or other evidence pertaining to the complaint and to the
				investigation of the complaint shall be available for public inspection;
				and
C. any other records excepted
				from disclosure pursuant to the Inspection of Public Records Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.17 - TELEPHONE CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
As authorized by NMSA 1978 (1993 Repl. Pamp.) Section
				  10-15-1.C
				  of the Open Meetings Act, when it is difficult or impossible for a commission
				  member to attend a commission meeting in person, the member may participate by
				  means of a conference telephone or similar communications equipment.
				  Participation by such means shall constitute presence in person at the meeting.
				  Each member participating by conference telephone must be identified when
				  speaking. All participants must be able to hear each other at the same time,
				  and members of the public attending the meeting must be able to hear any member
				  of the commission who speaks during the meeting.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.18 - LICENSEE REQUIRED TO UPDATE ADDRESS WITH COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Correspondence, notices, bulletins, or any
				other information from the commission will be sent to the last known address on
				file with the commission at the commission's office.
B. The licensee shall be responsible for
				notifying the commission of any change in address.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.19 - CODE OF CONDUCT FOR COMMISSION MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the provisions of the Governmental Conduct
				  Act, Sections
				  10-16-1 to
				  10-16-18,
				  NMSA 1978, each commission member shall annually sign a commission member
code of conduct
and the commission shall annually adopt said
				  executed document which shall then be forwarded to the New Mexico secretary of
				  state by the commission administrator.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.20 - COSTS OF DISCIPLINARY ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees shall bear
all costs
of disciplinary
				  proceedings unless they are excused by the commission from paying all or part
				  of the costs or if they prevail at the hearing and an action specified in
				  Section
				  61-1-3
				  NMSA 1978 is not taken by the commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 1 - GENERAL PROVISIONS › Section 15.6.1.21 - CHANGE OF DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Commission's power to change decision:
If the commission
				determines that any of the situations listed below has occurred with regard to
				any event, contest or exhibition of unarmed combat, then the decision rendered
				shall be changed as the commission directs.
B.
Collusion:
That there was
				collusion affecting the results of any bout.
C.
Scoring error:
That a
				mathematical or transcription error occurred in the compilation of the judge's
				scorecards that would indicate that the official decision had been awarded to
				the wrong contestant.
D.
Drugs or foreign substances:
That the unarmed combatant is found to have
				violated Part 15 of the commission's rules and regulations, wherein the unarmed
				combated has tested positive for a prohibited substance that was in the unarmed
				combatant's system at the time of their event, contest or exhibition of unarmed
				combat.
E.
Violation of
				rules and regulations:
That there was a clear violation of the
				commission's rules and regulations governing the sanctioning of unarmed combat
				that affected the result of the event, contest or exhibition.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 2 of Chapter 6 of Title 15 is promulgated pursuant to
				  the Professional Athletic Competition Act, Sections
				  60-2A-1
				  through
				  60-2A-30,
				  NMSA 1978 (1980 Repl. Pamp.); specifically Sections
				  60-2A-4,
				  60-2A-8,
				  60-2A-10,
				  60-2A-13,
				  60-2A-16,
				  and
				  60-2A-18.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 23, 2002, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 6 is to set forth the
				  policies and procedures for contracts.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.8 - LICENSE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
All participants in a contract must first be licensed by the
				  commission before participating, either directly or indirectly, in any
				  professional contest regulated by the commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.9 - AGE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may require a birth certificate or equally
				  bona fide certification of age.
A.
				Professional unarmed combatants must be at least eighteen (18) years of age at
				the time they execute their professional contract.
B. Managers must be at least twenty-one (21)
				years of age at the time of their licensure with the commission.
C. Seconds must be at least eighteen (18)
				years of age at the time of their licensure with the commission
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.10 - EXECUTION OF CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
Contracts between an unarmed combatant and a manager, or
				  between an unarmed combatant or manager and a licensed promoter, shall be
				  executed on printed contract forms approved by the commission. If printed
				  contract forms are unavailable, the commission may approve notarized contracts.
				  All contracts must at a minimum include all agreed upon terms such as weight,
				  allowed possible ranges of weight, number of rounds, duration of rounds, named
				  opponent and signatures of all parties to the contract including promoter and
				  unarmed combatant or his approved management.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.12 - USE OF THE UNARMED COMBATANT'S TRUE NAME IN SIGNING CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission will not approve any contract for the services
				  of an unarmed combatant unless such contract is signed by the unarmed combatant
				  under his true, legal and complete name.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.13 - CONTRACT FILING

Current through Register Vol. 35, No. 13, July 16, 2024
A copy of any contract entered into between a manager and an
				  unarmed combatant must be placed on file with the commission for
				  approval.
A. A contract becomes null
				and void if at any time during its term the manager or the unarmed combatant
				loses his license as a result of an action by the commission or by failure of
				the manager or unarmed combatant to renew his license.
B. A manager is not allowed to participate in
				more than 33-1/3 percent of the ring earnings of the unarmed
				combatant.
C. The commission must
				approve and consent to any assignment of any part of the unarmed combatant or
				manager's interest in a contract.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.14 - VALIDATION OF THE CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless otherwise directed by the commission, both parties to the contract, the
				manager and the unarmed combatant, or an approved representative for either
				party, must appear before the commission at the same time to have the contract
				approved and validated by the commission.
B. No contract between a manager and an
				unarmed combatant will be approved for more than a three-year term.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.15 - EXECUTION OF THE CONTRACT BY UNARMED COMBAT MANDATORY

Current through Register Vol. 35, No. 13, July 16, 2024
An unarmed combatant must carry out all the terms and
				  conditions of the contract to which he is a party. Any unarmed combatant
				  failing to fulfill the terms of any such contract will be subject to
				  disciplinary action by the commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.16 - UNARMED COMBATANT DEFAULT OF CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If an unarmed combatant claims that his
				failure to fulfill the terms of his contract was caused by illness or injury or
				by conditions over which he had no control, he shall submit such claim in
				writing to the commission.
B. The
				commission may then decide whether such default requires the imposition of any
				penalty or disciplinary action.
C.
				In the event that either no claim is made, or that it is made and rejected by
				the commission:
(1) the commission may
				suspend or revoke the license of the unarmed combatant in default and award to
				the opponent the amount of any forfeit posed under the terms of the contract;
				and
(2) the commission may declare
				the defaulting unarmed combatant ineligible for any other unarmed combat
				contest in the state of New Mexico until such terms of the breached contract
				are fulfilled.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.18 - CONDITION FOR APPROVAL OF UNARMED COMBAT CONTEST CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission will not approve contracts for unarmed combat
				  contest unless both unarmed combatants have signed contracts with the same
				  licensed promoter.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.19 - TIME LIMITS FOR FILING UNARMED COMBAT CONTEST CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
The promoter must meet the following conditions to file
				  contracts with the commission for unarmed combat.
A. All main events and semi-main event
				contracts between a promoter and any licensed unarmed combatant or approved
				management of a licensed unarmed combatant, effecting or calling for the
				services of a main event or semi-main event unarmed combatant, shall be filed
				with the commission within seven days after the execution of the contract, and
				at least within seven days prior to any unarmed combat contest to which the
				contract relates.
B. All contracts
				for preliminary unarmed combatants shall be filed no later than 96 hours prior
				to any match to which they relate, unless otherwise approved by the commission
				or its designee.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.20 - COMPENSATION OF PROFESSIONAL UNARMED COMBAT IS REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Payment may be made only to persons set
				forth by the commission unless the commission has approved, in advance, all the
				details of payment to another party.
B. All unarmed combatants participating in a
				professional unarmed combat contest shall be paid, directly or through their
				licensed managers, who shall issue a receipt for such payment.
C. Payment shall be made only to the duly
				recognized manager or to the unarmed combatant himself, if he has no recognized
				manager.
D. Unless otherwise agreed
				to by the commission, all participants must be paid immediately following the
				conclusion of the final bout.
E.
				Promoters shall pay the agreed amount to the contestants.
F. No professional unarmed combatant shall be
				paid less than $25.00 for each round scheduled in any contest.
G. Unarmed combatants shall not kickback any
				part of the amount paid them to any manager, second, promoter, or
				matchmaker.
H. None of the parties
				involved in an event or match shall accept a kickback offered to him by any
				unarmed combatant.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.21 - CONTRACTS FOR BROADCAST OR TELECAST OF UNARMED COMBAT CONTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. All contracts
				entered into by any licensee of the commission, or any and all amendments,
				changes or modifications calling for or referring to any motion picture,
				telecast or radio broadcast of any unarmed combat contest, exhibition or match
				must be promptly filed with the commission for approval.
B. No person or party may announce or conduct
				any such broadcast or telecast of any unarmed combat contest, exhibition or
				match conducted under the jurisdiction of the commission without first
				obtaining the approval of the commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 2 - CONTRACTS › Section 15.6.2.22 - PROHIBITIONS TO ENTER INTO CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
The commission prohibits any licensed matchmaker, promoter,
				  manager, contestant, person or party employed or connected with a licensed
				  promoter, to enter into a contract or commence negotiations for any unarmed
				  combat contest or exhibition with any other licensee whose license is currently
				  suspended or revoked by the commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 3 - TICKETS FOR CONTESTS AND EXHIBITIONS › Section 15.6.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 3 apply to anyone printing, selling,
				  or purchasing tickets for an event regulated by the
				  commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 3 - TICKETS FOR CONTESTS AND EXHIBITIONS › Section 15.6.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 3 of Chapter 6 of Title 15 is promulgated pursuant to
				  the Professional Athletic Competition Act, Sections
				  60-2A-1
				  through
				  60-2A-30,
				  NMSA 1978 (1980 Repl. Pamp.); specifically Sections
				  60-2A-4,
				  60-2A-8,
				  60-2A-15,
				  60-2A-23,
				  60-2A-25,
				  60-2A-26,
				  60-2A-27,
				  60-2A-28,
				  and
				  60-2A-29.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 3 - TICKETS FOR CONTESTS AND EXHIBITIONS › Section 15.6.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 23, 2002, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 3 - TICKETS FOR CONTESTS AND EXHIBITIONS › Section 15.6.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 6 is to set forth
				  protocols for printing, commission approval, sales, disbursement, and purchase
				  of tickets for events regulated by the commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS › Part 3 - TICKETS FOR CONTESTS AND EXHIBITIONS › Section 15.6.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Face value"
means the dollar value of a ticket
				  that the customer is required to pay or, for complimentary tickets, would have
				  required payment. It shall include any charges or fees, such as dinner,
				  gratuity, parking, surcharges or any other charges or fees that must be
				  incurred in order to be allowed to view the match. However, if the ticket
				  specifies the amount of admission charges attributable to state or federal
				  taxes, such taxes shall not be included in the face value.