New Mexico § 60-1A-4 - Commission; powers; duties

§ 60-1A-4. Commission; powers; duties

A. The commission may: (1) grant, deny, suspend or revoke occupational licenses, secondary licenses and racetrack

licenses, establish the terms for each classification of a racetrack license and set

fees for submitting an application for a license; (2) exclude or compel the exclusion of a person from all horse racetracks who the

commission deems detrimental to the best interests of horse racing or who willfully

violates the Horse Racing Act, a rule or order of the commission or a law of the United

States or New Mexico; (3) compel the production of documents, books and tangible items, including documents

showing the receipts and disbursements of a racetrack licensee; (4) investigate the operations of a licensee and place a designated representative

on the licensed premises of a racetrack licensee for the purpose of observing compliance

with the Horse Racing Act and rules or orders of the commission; (5) employ staff as required to administer the Horse Racing Act and employ staff with

basic law enforcement training to be stationed at racetracks to maintain peace and

order, enforce the law, conduct investigations and enforce the Horse Racing Act or

rules or orders of the commission; provided that staff employed with law enforcement

training may not carry firearms or other deadly weapons while on duty for the commission; (6) summon witnesses; (7) administer oaths for the effective discharge of the commission's authority; and (8) appoint a hearing officer to conduct hearings required by the Horse Racing Act

or a rule adopted pursuant to that act. B. The commission shall: (1) make rules to hold, conduct and operate all race meets and horse races held in

the state and to identify and assign racing dates; (2) require the following information for each applicant on an application for a license: (a) the full name, address and contact information of the applicant, and if the applicant

is a corporation, the name of the state of incorporation and the names, addresses

and contact information of officers, members of the board of directors and managers

of the corporation; (b) the exact location at which the applicant desires to conduct a horse race or race

meet; (c) whether the horse racetrack is owned or leased, and, if leased, the name and residence

of the fee owner of the land or, if the owner is a corporation, the names of the directors

and stockholders; (d) a statement of the assets and liabilities of the person or corporation making

the application; (e) the kind of racing to be conducted; (f) the beginning and ending dates desired for the race meet and the days during that

time period when horse races are to be scheduled; and (g) other information determined by the commission to be necessary to assess the potential

for success of the applicant; (3) require a statement under oath by the applicant that the information on the application

is true; (4) supervise and oversee the making of pari-mutuel pools and the distribution from

those pools; (5) make on-site inspections of horse racetracks in New Mexico at reasonable intervals; (6) approve all improvements proposed to be completed on the licensed premises of

a horse racetrack, including extensions, additions or improvements of buildings, stables

or tracks; (7) monitor and oversee the pari-mutuel machines and equipment at all horse races

or race meets held in the state; (8) approve contracts for simulcasting, pari-mutuel wagering and capital improvements

funded pursuant to Section 60-1A-20 NMSA 1978 entered into by horse racetracks; (9) regulate the size of the purses to be offered at horse races run in the state; (10) require background investigations of employees of a racetrack licensee as set

forth in the rules of the commission; and (11) provide an annual report to the governor regarding the commission's administration

of horse racing in the state.