N.M. Admin. Code § 16.47.1.18

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.47.1.18 - TESTING PROCEDURES

A.Controlled Substance and Drug Testing:

(1) At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the association grounds.

(2) All licensees may be subject to testing for controlled substances and drugs.

(3) No advance notice need be given.

(4) Refusing to test, failing to appear for a test, leaving before the test is over or otherwise failing to cooperate shall be considered a positive test. If this occurs during a race meet, the licensee is subject to and may be ejected from association grounds.

(5) For licensees who are testing under the provisions in this chapter, and whose urine testing shows the presence of drugs or controlled substances shall be confirmed by a laboratory acceptable to the commission.

(6) An association shall provide a drug or controlled substance screening test for all applicants for grooms, exercise riders, jockey valets, starters, assistant starters, ambulance personnel, and pony persons when making application for license. The cost for the drug-screening test will be borne by the applicant payable to the association at a reasonable cost approved by the commission.

(7) The licensee being tested may request a confirmation test when the sample quantity permits. Such request shall be made in writing immediately after a positive result of the test and be directed to the commission agent involved in the testing. The licensee requesting a confirmation test, or their agent, shall be present during the preparation and packing of the sample for delivery to the commission's testing laboratory. The licensee and the commission shall both be notified of the confirmation testing results.

(8)Chain of custody: The commission shall provide for a secure chain of custody for the confirmation sample. The commission shall retain ownership of all samples.

(9)Financial responsibility: All costs for the transportation and confirmation testing for the sample portion shall be the financial responsibility of the commission, unless otherwise noted in a stewards' ruling.

B.Alcohol Testing:

(1) At its discretion, the commission may conduct random or episodic breath alcohol testing as well as testing based on reasonable suspicion, in order to ensure safety on the association grounds.

(2) All licensees may be subject to breath alcohol testing.

(3) No advance notice need be given as to random breath alcohol testing.

(4) Refusing to test, failing to appear for a test, leaving before the test is over or otherwise failing to cooperate shall be considered a positive test. If this occurs during a race meet, the licensee is subject to and may be ejected from association grounds.

(5) If the breath testing results for non-safety position licensees show a reading of more than.08 BAC in the sample, such licensees shall be relieved of their duties for that day.

(6) For a licensee's second breath testing violation in any jurisdiction, the licensee shall be referred to the board of stewards and shall be fined no less than two hundred dollars and shall be suspended for a period of not more than sixty days.

(7) For a licensee's third breath testing violation in any jurisdiction, the licensee shall be fined two hundred dollars, suspended for a minimum of sixty days, and referred to the commission's board of stewards for further action.

N.M. Admin. Code § 16.47.1.18

16.47.1.18 NMAC - Rp, 16 NMAC 47.1.18, 3/15/2001; A, 8/30/2007, Amended by New Mexico Register, Volume XXVIII, Issue 12, June 27, 2017, eff. 7/1/2017, Amended by New Mexico Register, Volume XXXV, Issue 07, April 9, 2024, eff. 4/9/2024