N.M. Admin. Code § 16.47.1.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 16.47.1.9 - OWNERS

A.Licensing requirements for owners:

(1) Each person who has a five- percent or more ownership or beneficial interest in a horse is required to be licensed.

(2) If younger than 18 years of age, an applicant for an owner's license must submit a notarized affidavit from his/her parent or legal guardian stating that the parent or legal guardian assumes responsibility for the applicant's financial, contractual, and other obligations relating to the applicant's participation in racing.

(3) If submitting an owner's application by facsimile, the application shall be notarized. The notarized facsimile shall be treated as the original document.

(4) If the commission has reason to doubt the financial responsibility of an applicant for an owner's license, the applicant may be required to complete a verified financial statement.

(5) Licensed owners are responsible for disclosure of the true and entire ownership of each of their horses registered with the racing secretary. Any change in ownership or trainer of a horse registered with the racing secretary must be approved by the stewards. A new owner must comply with all licensing requirements.

(6) The commission may refuse, deny, suspend, or revoke an owner's license for the spouse or member of the immediate family or household of a person ineligible to be licensed as an owner, unless there is a showing on the part of the applicant or licensed owner, and the commission determines that participation in racing will not permit a person to serve as a substitute for an ineligible person. The transfer of a horse to circumvent a commission rule or ruling is prohibited.

B.Licensing requirements for multiple owners:

(1) If the legal owner of any horse is a partnership, corporation, limited liability company, syndicate or other association or entity, each shareholder, member or partner shall be licensed as required in 16.47.1.8 NMAC.

(2) Each partnership, corporation, limited liability company, syndicate or other association or entity shall disclose to the commission all owners holding a five percent or greater beneficial interest, unless otherwise required by the commission.

(3) Each partnership, corporation, limited liability company, syndicate or other association or entity which includes an owner with less than a five percent ownership or beneficial interest shall file with the commission an affidavit which attests that, to the best of their knowledge, every owner, regardless of their ownership or beneficial interest, is not presently ineligible for licensing or suspended in any racing jurisdiction.

(4) To obtain an owner's license, an owner with less than a five percent ownership or beneficial interest in a horse must establish a bona fide need for the license and the issuance of such license must be approved by the stewards.

(5) Application for joint ownership shall include a designation of a managing owner and a business address. Receipt of any correspondence, notice, or order at such address shall constitute official notice to all persons involved in the ownership of such horse.

(6) The written appointment of a managing owner or authorized agent shall be filed with the commission.

C.Lease agreements: A horse may be raced under lease provided a completed breed registry or other lease form acceptable to the commission is attached to the certificate of registration and on file with the racing secretary. The lessor and lessee must be licensed as horse owners.

D.Stable name registration:

(1) Licensed owners and lessees may adopt a stable name subject to the approval of the commission.

(2) The applicant must identify all persons using the stable name. Changes must be reported immediately to the commission.

(3) A person who has registered a stable name may cancel it upon written notice to the commission.

(4) A stable name may be changed by registering a new stable name.

(5) A stable name, which has been registered by any other person, will not be approved by the commission.

(6) A stable name shall be clearly distinguishable from other registered stable names.

(7) The stable name and the name of the owner shall be published in the program. If the stable name consists of more than one person, the program shall list the name of the managing owner along with the phrase "et al".

(8) All persons using a stable name must comply with all rules regarding licensing of owners.

E.Racing colors:

(1) Owners or trainers must provide racing colors, which are subject to the approval of the commission.

(2) Racing colors must be registered with the racing secretary no later than the close of entries for that day of racing. If colors are registered they shall be used unless permission to substitute colors is received from the stewards.

(3) Standard track colors will be furnished by the association for owners or trainers who do not provide their own colors. The stewards may authorize a temporary substitution of racing colors when necessary.

(4) The racing colors to be worn by each jockey in a race shall be described in the program, and any change shall be announced to the public prior to the commencement of the race.

F.Private barns/stables: An owner or lessee of a private barn/stable adjacent to or within a reasonable distance of a New Mexico racing facility governed by the commission may by consent have direct access to that racetrack provided they consent to the jurisdiction of the commission and agree, in writing to comply with all rules and regulations of the commission. Direct access simply means they may enter the licensed racetrack without having to go through the general public gate or the horsemen's gate, but they may do so only after consenting in writing to jurisdiction of and complying with the commission and its rules and regulations.

N.M. Admin. Code § 16.47.1.9

16.47.1.9 NMAC - Rp, 16 NMAC 47.1.9, 3/15/2001; A, 2/14/2002; A, 7/15/2003, Amended by New Mexico Register, Volume XXXI, Issue 04, February 25, 2020, eff. 2/25/2020