N.M. Stat. § 60-1A-4
Commission; powers; duties. (Repealed effective July 1,
2028.)
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.