New Mexico § 60-1A-11 - Granting a license; standards; denial and revocation; suspension and penalties

§ 60-1A-11. Granting a license; standards; denial and revocation; suspension and penalties

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.