New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 47 - HORSE RACING LICENSEES
Part 1 - GENERAL PROVISIONS
Section 16.47.1.19 - ASSESSMENT/TREATMENT REQUIREMENTS
Universal Citation: 16 NM Admin Code 16.47.1.19
Current through Register Vol. 35, No. 18, September 24, 2024
A. General: A licensee penalized or restricted pursuant to this chapter shall retain rights of due process with respect to any determination of alleged violations which may adversely affect the right to hold a license. If there has been an offense, under 16.47.1.17 NMAC, above, the procedures in Subsections B, C and D of 16.47.1.18 NMAC will be followed.
B. First-time offenders:
(1) The
board of stewards or the commission may, at its discretion, order the licensee
to obtain a professional assessment to determine whether there is a substantial
probability that the licensee is dependent on, or abuses, alcohol or other
drugs or the board of stewards or the commission may act on the information at
hand.
(2) Actions in the case of
first offenders may include revocation of the license, suspension of the
license for up to six months, placing the offender on probation for up to 90
days or ordering formal assessment and treatment.
(3) Treatment or assessment, if ordered, must
meet the conditions given in 16.47.1.18.C NMAC.
C. Second-time offenders:
(1) The license of the person may be revoked
or suspended for a period of up to one year or a professional assessment of the
person may be ordered by the commission.
(2) If a professional assessment indicates
presence of a problem or alcohol or other drug abuse that is not treatable
within the reasonably foreseeable future (360 days) the license may be
suspended for a period of up to one year.
(3) If a professional assessment indicates
presence of a treatable problem of alcohol or other drug abuse or dependence,
the board of stewards or the commission may order the licensee to undergo
treatment as a condition of continuing licensure. Such treatment will be
through a program or by a practitioner, acceptable to the licensee and the
board of stewards or the commission. Required features of any program or
practitioner acceptable to the board of stewards or the commission will be:
accreditation or licensure by an appropriate government agency, if required by
state statute; a minimum of one year follow-up treatment; and, a formal
contract indicating the elements of the treatment and follow-up program that
will be completed by the licensee and, upon completion, certified to the board
of stewards or the commission as completed. To affect the contract, the
licensee will authorize release of information by the treating agency, hospital
or individual.
D. Third-time offenders: For third-time offenders, the offender's license may be revoked and the offender may be deemed ineligible for licensure for up to five years.
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