N.M. Stat. § 60-1A-5
Commission rules; all licenses; suspension, revocation or
denial of licenses; penalties.
A. The commission shall adopt rules to implement the Horse Racing Act and to
ensure that horse racing in New Mexico is conducted with fairness and that the
participants and patrons are protected against illegal practices.
B. Every license issued by the commission shall require the licensee to comply with
the rules adopted by the commission. A racetrack licensee shall post printed copies of
the rules in conspicuous places on the racing grounds and shall maintain them during
the period when live horse races are being conducted.
C. The commission may suspend, revoke or deny renewal of a license of a person
who violates the provisions of the Horse Racing Act or rules adopted pursuant to that
act. The commission shall provide a licensee facing suspension, revocation or denial of
renewal of a license reasonable notice and an opportunity for a hearing. The
suspension, revocation or denial of renewal of a license shall not relieve the licensee
from prosecution for the violations or from the payment of fines and penalties assessed
the licensee by the commission.
D. The commission may impose civil penalty fines upon a licensee for a violation of
the provisions of the Horse Racing Act or rules adopted by the commission. The fines
shall not exceed one hundred thousand dollars ($100,000) or one hundred percent of a
purse related to the violation, whichever is greater, for each violation.
E. Fines shall be paid into the current school fund.
F. When a penalty is imposed pursuant to this section for administering a
performance-altering substance as provided in Subsection A of Section 60-1A-28
NMSA 1978, the commission shall direct its executive director to report the violation to
the district attorney for the county in which the violation occurred and to the horse racing
licensing authority in any other jurisdiction in which the licensee being penalized is also
licensed.