reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 24 - NEBRASKA-BRED RULES › Section 294-24.002 - REGISTRATION OF BROODMARES

Current through June 17, 2024
24.002.01 Before a
				foal can be certified as Nebraska-bred its dam must have been registered prior
				to foaling with the Nebraska Thoroughbred or Quarter Horse registrar. An
				application for Registration of Broodmare and the required registration fee
				must be submitted to the official registrar prior to the birth of the foal.
A "late fee" will be charged for an Application for
				  Registration of Broodmare after September 1 of the year bred, unless said mare
				  is purchased in foal, in which case the mare owner will have 60 days to
				  register said mare at the regular fee; however, in any event an Application for
				  Registration of Broodmare must be submitted prior to the birth of the foal. A
				  current copy of both sides of the Jockey Club or American Quarter Horse
				  Association papers for the mare must accompany the broodmare
				  application.
24.002.02 The
				Nebraska Thoroughbred or Quarter Horse registrar will issue a Certificate of
				Registration for a Broodmare on receipt of satisfactory evidence of the
				ownership, location and identity of the mare, the completion of the required
				forms, and the submission of the required registration fee.
24.002.03 In the event of a sale or transfer
				of all or part ownership of a broodmare that is registered with the Nebraska
				Thoroughbred or Quarter Horse registry, the new owner(s) must apply to the
				official registrar by completing a Change of Broodmare Ownership form. This
				form and the applicable fee must be filed with the official registrar.
A "late fee" will be charged for a Change of Broodmare
				  Ownership submitted after September 1 of the year bred, unless said mare is
				  purchased in foal, in which case the new mare owners(s) will have 60 days to
				  submit the Change of Broodmare Ownership at the regular fee. A current copy of
				  both sides of the Jockey Club or American Quarter Horse Association papers for
				  the mare must accompany the broodmare application.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 24 - NEBRASKA-BRED RULES › Section 294-24.003 - REGISTRATION OF STALLIONS

Current through June 17, 2024
24.003.01 In order
				to register a stallion for purposes of making his foals eligible as class "A"
				Nebraska-bred, the stallion owner or lessee must file with the Nebraska
				Thoroughbred or Quarter Horse registrar the application for registration of the
				stallion and the registration fee. Registration must be done prior to the time
				the stallion is put into service (see 24.005.01B for definition of a class "A"
				Nebraska-bred).
24.003.02 If a
				stallion is leased, a copy of the lease agreement must be submitted with the
				registration.
24.003.03 A change in
				the ownership of a stallion cancels invalidates the registration, except in the
				case of a partial change of ownership or sale of a share or shares in a
				syndication that does not affect an existing stallion ownership agreement or
				syndication agreement. In the event of invalidation of a stallion registration
				due to change in ownership, the new owner or lessee must register the stallion
				with the Nebraska Thoroughbred or Quarter Horse registry before the next mare
				is covered
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 24 - NEBRASKA-BRED RULES › Section 294-24.004 - REPORTS REQUIRED

Current through June 17, 2024
24.004.01 If
				required reports are not on file, the Nebraska bred Certificate of Eligibility
				for a foal cannot be issued. Late filing of required reports may delay
				processing of the Breeder's Certificate and issuance of a Nebraska Bred
				Certificate of Eligibility, and require payment of late fees.
24.004.02
Annual Broodmare Report - Due
				September 1
An annual Broodmare Report including the ownership of the
				  mare, the location of the mare, the name of the stallion(s) to which the mare
				  was bred, and the date of first and last service is due September 1.
24.004.03
Annual Stallion
				Report - Due September 1
An Annual Stallion Report of mares bred by Nebraska
				  registered stallions (see 24.005.01B Class "A" foals) is due September
				  1.
24.004.04
Report
				of mares Leaving Nebraska - Due within 3 days
Refer to Nebraska Revised Statutes Section
				  2-1213(2)  which
				  provides for exception to the requirement that a dam must be continuously in
				  the state for either ninety days, or thirty days as specified in 2-1213(2) (c).
				  This exception is for a dam placed on a nationally recognized sale, or for the
				  treatment of an extreme sickness or injury. Written notice must be provided to
				  the secretary of the Commission within 3 days of the date such horse is taken
				  out of the state.
24.004.05
Report of Mares Entering the State - Due within 3 days
A Report of Mares Entering Nebraska will include the
				  ownership of the mare; address of the owner(s), name and age of mare, Jockey
				  Club or American Quarter Horse Association Certificate of Foal Registration
				  number, and date mare enters Nebraska, destination in Nebraska, and reason for
				  entering Nebraska. This report will be provided to the Nebraska Thoroughbred or
				  Quarter Horse registrar within three days of the date the mare enters Nebraska
				  if the mare left the State for medical or sale purpose. If the mare is
				  purchased at a sale, the mare must be registered with the Nebraska Thoroughbred
				  or Quarter Horse registry and in Nebraska for thirty days immediately prior to
				  foaling.
24.004.06
Late Fees
Late fees will be assessed if the required Annual Broodmare
				  Report is not provided to the official registrar by September 1, and if the
				  required Report of Mares Entering Nebraska is not provided to the official
				  registrar within three days of the date the mare enters Nebraska.
Late fees apply only when required reports are applicable to
				  the processing of a Breeder's Certificate, and due at the time the Breeder's
				  Certificate is submitted to the Nebraska Thoroughbred or Quarter Horse.
Late fees will be established by the commission, and will not
				  be changed without commission approval.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 24 - NEBRASKA-BRED RULES › Section 294-24.005 - REGISTRATION OF NEBRASKA-BRED FOALS

Current through June 17, 2024
24.005.01
CLASS "A" AND CLASS "B" FOALS
24.005.01A There will be two classifications
				for Nebraska-bred foals, which will be referred to as Class "A" and Class
				"B".
24.005.01B Class "A" foals
				must meet the following requirements:
(a) be
				conceived and foaled in the State of Nebraska out of a mare properly registered
				at the time of foaling with the Nebraska Thoroughbred or Quarter Horse
				registrar,
(b) be sired by a
				stallion that was at the time of conception properly registered with the
				official registry (see 24.003),
(c)
				the annual stallion Report of Mares Bred must be on file with the official
				registrar, and
(d) the Annual
				Broodmare Report for the mare must be on file with the Nebraska Thoroughbred or
				Quarter Horse registrar. When these requirements are met, the official
				registrar will issue a Certificate of Eligibility for a class "A" Nebraska-bred
				foal.
24.005.01C Class
				"B" foals must meet the following requirements:
(a) be foaled in the State of Nebraska out of
				a mare properly registered at the time of foaling with the Nebraska
				Thoroughbred or Quarter Horse registrar,
(b) the Stallion Report for a Class "B"
				Nebraska-bred foal must be on file with the Nebraska Thoroughbred or Quarter
				Horse registrar. The Stallion Report for a Class "B" Nebraska-bred foal is for
				a stallion standing outside the State of Nebraska or a stallion in Nebraska
				that is not registered with the Nebraska Thoroughbred or Quarter Horse
				registrar at the time of conception.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 24 - NEBRASKA-BRED RULES › Section 294-24.006

Current through June 17, 2024
The Nebraska Thoroughbred or Quarter Horse registrar will
				  recommend in writing to the Nebraska Racing and Gaming Commission that the
				  Nebraska-bred status be revoked if it is determined by a hearing conducted by
				  the board or officers of the Nebraska Thoroughbred or Quarter Horse registry
				  organization that a horse was not eligible to be certified as a Nebraska-bred.
				  The recommendation will include an explanation of the basis for said
				  recommendation, and a copy will be sent by certified mail to the
				  breeder.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 24 - NEBRASKA-BRED RULES › Section 294-24.008

Current through June 17, 2024
The Nebraska Thoroughbred or Quarter Horse registrar may
				  appoint investigators as necessary to assist in ascertaining compliance with
				  statutes and rules relating to Nebraska-bred horses.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 24 - NEBRASKA-BRED RULES › Section 294-24.009

Current through June 17, 2024
Any person aggrieved at any action, finding, or
				  recommendation of the Nebraska Thoroughbred or Quarter Horse registrar may
				  request a hearing before the Nebraska Racing Gaming Commission within 30 days
				  of notice of said action, finding, or recommendation. (See "Chapter 7 Practice
				  and Procedure Before the Nebraska Racing Commission")
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 24 - NEBRASKA-BRED RULES › Section 294-24.010

Current through June 17, 2024
A pamphlet, website or other communication tools explaining
				  the procedures for registration of mares and stallions, certification of foals,
				  and the basis for classification of Nebraska-bred foals will be made available
				  by the Nebraska Thoroughbred or Quarter Horse registry to all interested
				  parties. All matters contained in said communication will have been approved by
				  the Nebraska Racing and Gaming Commission.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 25 - QUARTER HORSE RACING › Section 294-25.004

Current through June 17, 2024
All horses racing around a turn must be approved by the
				  starter and the stewards. If a horse does not have a creditable race around a
				  turn at a recognized track within the last year, such horse will be required to
				  work under circumstances that are acceptable to the stewards before starting in
				  a race around a turn.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 25 - QUARTER HORSE RACING › Section 294-25.005

Current through June 17, 2024
The Racing Secretary may accept the entry of a horse in a
				  race when a transfer is in process through A.Q.H.A. only when the transfer has
				  been sent to A.Q.H.A. by the Racing Secretary. In such cases, the Racing
				  Secretary shall retain a photostatic copy of the registration
				  papers.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 25 - QUARTER HORSE RACING › Section 294-25.006

Current through June 17, 2024
An association shall provide starting point markers and
				  distance poles in a size and position that is clearly seen from the stewards'
				  stand.
25.006.01 The starting point
				markers and distance poles must be marked as follows:
(a) 1/4 poles - Red and white horizontal
				stripes
(b) 1/8 poles - Green and
				white horizontal stripes
(c) 1/16
				poles - Black and white horizontal stripes
(d) 220 yards - Green and white
(e) 250 yards - Blue
(f) 300 yards - Yellow
(g) 330 yards - Black and white
(h) 350 yards - Red
(i) 400 yards - Black
(j) 440 yards - Red and white
(k) 550 yards - Black and white horizontal
				stripes
(l) 660 yards - Green and
				white horizontal stripes
(m) 770
				yards - Black and white horizontal stripes
(n) 870 yards - Blue and white horizontal
				stripes
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 1 - DEFINITIONS › Section 296-1.001

Current through June 17, 2024
Throughout this title the following definitions shall
				  apply.
1.001.01
"Act"
means the Nebraska Racetrack Gaming Act.
1.001.02
"Administrative Procedure
				Act"
means the Administrative Procedure Act, Neb. Rev. Stat. §§
									84-901 through
				84-920 (1987, Cum. Supp. 1992,
				Supp. 1993).
1.001.03
"Affiliate"
a person who directly or indirectly controls, or is
				controlled by, or is under common control with, a specified person.
1.001.04
"Affiliated Authorized Gaming
				Operator"
means Gaming Facilities that are attached by a single
				management entity (like a parent company).
1.001.05 "
Agent of the
				Commission
" means an employee or other person authorized by the
				Commission to act upon its behalf and under its authority.
1.001.06 "
Application
" means the
				total written materials, including the instructions, forms, and other documents
				issued by the Commission for any category of license and to include the
				following:
(a) the applicant's responses to
				the questions or requests for information on such forms;
(b) any related attachments supplementing the
				applicant's answers to the questions on such forms;
(c) and any supplementary responses,
				documents or materials resulting from requests for information from the
				Commission related to such forms, all of which comprise the applicant's request
				for a license.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 2 - THE COMMISSION ORGANIZATION AND OPERATION › Section 296-2.001 - RECORDS RETENTION

Current through June 17, 2024
2.001.01 All
				Authorized Gaming Operators, Gaming Facility owners, Sports Wagering Services
				Provider, Distributor and Supplier licensees will maintain, in a place secure
				from theft, loss, or destruction, adequate records of its business and
				accounting operations. The licensees will make the records available to the
				Commission, upon request, within a reasonable time prescribed by a subpoena
				duces tecum or by written request of the Commission, the executive director, or
				his or her designee. The licensees will hold the records for not less than 7
				years. The records will include, but not be limited to, all of the following:
2.001.01A All correspondence with, or reports
				to, the Commission or any local, state, or federal governmental
				agency.
2.001.01B All
				correspondence concerning the acquisition, construction, maintenance, or
				business of a proposed or existing gaming or support facility.
2.001.01C A personnel file on each
				employee.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 2 - THE COMMISSION ORGANIZATION AND OPERATION › Section 296-2.002 - DUTIES

Current through June 17, 2024
2.002.1 Determine the priority and
				eligibility of any applicant for a license and to select among competing
				applicants for a license, the applicant who or which best serves the interests
				of the residents of Nebraska;
2.002.2 Adopt technical standards governing
				the design, operation and control of gaming equipment;
2.002.3 Approve the hours of operation for
				each Gaming Facility which may include days on which gaming operations are
				prohibited from opening;
2.002.4
				Audit or cause audit of gaming operations, including those that have ceased
				operation;
2.002.5 Receive and
				investigate complaints from gaming patrons concerning the conduct of
				gaming;
2.002.6 Inspect, test and
				approve gaming equipment and chips proposed for use or placed in use in
				Authorized Gaming Facilities;
2.002.7 Approve locations for the storage and
				servicing of gaming equipment;
2.002.8 Summarily disable and direct removal
				from the gaming facility, such gaming supplies, devices, or equipment that is
				suspected to be in violation of the Act, these regulations, or has been
				otherwise compromised, for the purpose of examination and inspection;
2.002.9 Establish procedures for the
				governance of the Commission;
2.002.10 Contract for the services of, legal,
				accounting, technical, operational, and other personnel and
				consultants;
2.002.11 Secure, by
				agreement, information and services as the Commission considers necessary from
				any other unit of government;
2.002.12 Maintain the Excluded Persons
				Database in accordance with the provisions of Chapter 8 of these
				rules;
2.002.13 Establish Minimum
				Internal Controls for the operation of gaming within each Gaming Facility to
				provide guidance for each Gaming Facility to develop their own Internal
				Controls; and
2002.14 Determine any
				facts or any conditions, practices, or other matters as the Commission
				considers necessary or proper to aid in the enforcement of the
				Act.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 2 - THE COMMISSION ORGANIZATION AND OPERATION › Section 296-2.003 - DELEGATION OF AUTHORITY

Current through June 17, 2024
2.003.01 The
				Commission members may, in their discretion and where permitted by law,
				delegate the authority to perform any of the agency's functions. Except as
				provided in section
				2.006.01 of this rule, any
				determination made pursuant to delegated authority will for all purposes be
				deemed the final action of the Commission, without approval, ratification or
				other further action by the members.
2.003.02 Any delegation of authority will be
				effected through formal action at a Commission meeting.
2.003.03 All delegations of authority made
				pursuant to this rule will remain in effect indefinitely unless otherwise
				specified. Any delegation of authority previously approved may be revoked or
				modified through subsequent member action at a Commission.
2.003.04 Any determination made pursuant to
				delegated authority may be reviewed by the members. Any such determination is
				deemed final unless modified or reversed by member action at a Commission
				meeting.
2.003.05 Notwithstanding
				any other provision of this rule, any matter that has been delegated may
				alternatively be presented to, and determined by, the members on their own
				motion, at the discretion of the chairperson, or upon the request of the
				executive director.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 2 - THE COMMISSION ORGANIZATION AND OPERATION › Section 296-2.004 - MEETINGS

Current through June 17, 2024
2.004.01 Persons wishing to place an item on
				the Commission agenda should submit a written request to the Commission office
				not less than seven (7) calendar days prior to the meeting. The Executive
				Director or Commission may place a time limit on presentations after
				considering the number of presentations requested.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 2 - THE COMMISSION ORGANIZATION AND OPERATION › Section 296-2.005 - SUBPOENA POWER

Current through June 17, 2024
2.005.01 Concerning
				any matter under its jurisdiction, the Commission may require that testimony be
				given under oath and administer such oath, issue subpoenas compelling the
				attendance of witnesses and the production of any papers, books, and accounts,
				and cause the deposition of any witness.
2.005.02 In the event of the refusal of any
				person without good cause to comply with the terms of a subpoena issued by the
				Commission or the refusal to testify on matters about which the person may
				lawfully be questioned:
2.005.02A The
				Commission may discipline any applicant or licensee, in accordance with the Act
				and Commission rules adopted thereunder, for failing or refusing to submit to a
				properly issued subpoena.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 2 - THE COMMISSION ORGANIZATION AND OPERATION › Section 296-2.006 - ADMINISTRATION OF THE COMMISSION

Current through June 17, 2024
2.006.01 The
				Commission will appoint an Executive Director who is responsible for the
				day-to-day administration of the Commission's activities. The Executive
				Director will have had at least five years of responsible supervisory
				administrative experience in a governmental regulatory agency.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 2 - THE COMMISSION ORGANIZATION AND OPERATION › Section 296-2.007 - CODE OF CONDUCT

Current through June 17, 2024
2.007.01 The
				Commission will create, maintain, and, as needed, update a Code of Conduct
				governing Commission members, the Executive Director, and staff, as well as
				those doing or seeking to do business with, interested in matters before or
				regulated by the Commission. The code of conduct and any updates thereto will
				be approved by majority vote at an open meeting of the Commission.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.001 - LICENSE REQUIRED

Current through June 17, 2024
3.0001.01 A person
				shall not conduct or participate in conducting Gambling Games or offer products
				or services relating to the conduct of gaming unless the person holds a valid
				license issued by the Commission.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.003 - KEY PERSON LICENSE

Current through June 17, 2024
3.003.01 Persons
				within the definition of Key Person as defined in Chapter 1 of these
				regulations will file an application for a Key Person license on forms provided
				by the Commission. All application fees are established to cover the cost of
				the background investigation. To the extent the cost of any applicant's
				background investigation, exceeds the amount of the application fee, the
				applicant must pay the balance before being considered for licensure.
				Provisional licenses may be issued prior to completing the background
				investigation.
3.003.01A Key Persons
				associated with an Authorized Gaming Operator applicant or licensee who are not
				Management Companies, will pay a non-refundable application fee of
				$10,000.00.
3.003.01B When an
				Authorized Gaming Operator employs or contracts with a Management Company to
				participate, advise or otherwise control all or a portion of the Gaming
				Operation, the Management Company will apply for a Key Person license and pay a
				non-refundable application fee of $15,000.00.
3.003.01C The non-refundable application fee
				for Key Persons associated with a Gaming-Related Vendor's license will be an
				amount prescribed by the Commission to cover the estimated cost of the
				investigation, not to exceed $1,000.00 . However, the applicant will be
				responsible for the full cost of the investigation, if it exceeds the amount of
				the non-refundable application fee.
3.003.01D All other Key Person applicants
				will pay a non-refundable application fee set by the Commission, not to exceed
				$10,000.00.
3.003.01E Annual
				renewal fees for Key Persons will be an amount set by the Commission, not to
				exceed $2,000.00.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.004 - OCCUPATIONAL LICENSES

Current through June 17, 2024
3.004.01 The
				following persons are required to hold an occupational license:
3.004.01A A person employed by an Authorized
				Gaming Operator or Management Company and whose duties are to be performed on
				the Gaming Facility.
3.004.01B All
				security personnel.
3.004.01C
				Managers or supervisory personnel.
3.004.01D Employees whose duties are
				performed off the Gaming Facility and whose duties include the handling of
				money or performing accounting and auditing functions that involve money
				obtained as a result of gaming or other operations on the Gaming
				Facility.
3.004.01E Individuals
				whose duties directly impact the integrity of sports wagering, including:
(i) Any individual who has the capability of
				affecting the outcome of sports wagering through deployment of code to
				production for any critical components of a sports wagering system defined by
				the technical standards and specifications adopted by the Commission;
(ii) Any individual who can deploy code to
				production and directly supervises individuals who have the capability of
				affecting the outcome of sports wagering through deployment of code to
				production for other than read-only or the equivalent access to any critical
				components of a sports wagering system defined by the technical standards and
				specifications adopted by the Commission;
(iv) Any other individual who directly
				impacts the integrity of sports wagering as determined by the Commission, which
				shall include but not be limited to, any individual who has the capability to
				directly affect the outcome of a sports wager or a payout to a
				patron.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.005 - PAYMENT OF FEES AND ASSESSMENTS; COSTS REQUIRED

Current through June 17, 2024
3.005.01 Applicants for any license issued by
				the Commission under the provisions of this Chapter must pay all fees and
				assessments prescribed either by law or these Rules and Regulations in the
				manner and at the time prescribed by law and/or these Rules and Regulations.
				Application fees and applicable assessments for all Gaming Facility Licenses
				must be paid by the applicant at the time that an application is filed with the
				Commission. None of the licenses listed in this Chapter may be transferred,
				sold, or assigned.
3.005.02 The
				Commission may refuse to take final action on any application if all license
				regulation, investigation, and fingerprint fees have not been paid in full. The
				Commission may deny the application if the applicant refuses or fails to pay
				all such fees. Additionally, an applicant who has refused or failed to pay the
				required costs will not be eligible to file any other application with the
				Commission until all such fees are paid in full. Neither the license fee or
				regulation fees nor any other fee is refundable.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.006 - CONFIDENTIAL INFORMATION

Current through June 17, 2024
The records of the Commission will be governed by the
				  Nebraska Public Records Act, Neb. Rev. Stat. §§
									84-712 through
				  84-712.09. Any party who submits
				  materials to the Commission in accordance with the Act or this title may
				  identify materials it believes should be withheld from public disclosure
				  pursuant to Neb. Rev. Stat. §
									84.712.05 by stating the
				  reason it believes the materials may be withheld.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.008 - GENERAL FORM AND REQUIREMENTS FOR LICENSE APPLICATIONS

Current through June 17, 2024
3.008.01 Every application must be submitted
				on forms supplied or approved by the Commission and contain such information
				and documents as required.
3.008.02
				The applicant must file with the application all required supplemental
				forms.
3.008.03 Upon request of the
				Commission, the applicant must further supplement any information provided in
				the application. The applicant must provide all requested documents, records,
				supporting data, and other information within the time period specified in the
				request. If the applicant fails to provide the requested information within the
				required time period as set forth in the request or these Rules and
				Regulations, the Commission may deny the application unless good cause is
				shown.
3.008.04 All information
				required to be included in an application must be true and complete as of the
				date of Commission action sought by the applicant. If there is any change in
				the information contained in the application, the applicant must file a written
				amendment.
3.008.05 The application
				and any amendments must be sworn to or affirmed by the applicant. If any
				document is signed by an attorney for the applicant, the signature must certify
				that the attorney has read the document and that, to the best of the attorney's
				knowledge, information and belief, based on diligent inquiry, the contents of
				the documents supplied are true.
3.008.06 The applicant must cooperate fully
				with the Commission with respect to the background investigation of the
				applicant, including, upon request, making available any and all of its books
				and records for inspection. The Commission will examine the background,
				personal history, financial associations, character, record, and reputation of
				the applicant to the extent the Commission determines.
3.008.07 The Commission will automatically
				deny the application of any applicant that refuses to submit to a background
				investigation.
3.008.08 Neither the
				State, the Commission, any agency with which the Commission contracts to
				conduct background investigations, nor the employees of any of the foregoing,
				may be held liable for any inaccurate information obtained through such an
				investigation.
3.008.09 Three (3)
				years prior to the expiration date of the Authorized Gaming Operator License,
				the Authorized Gaming Operator may submit an application for a renewal of the
				Authorized Gaming Operator License for an additional term. If the Commission,
				after investigation of the application, grants a renewal of an Authorized
				Gaming Operator License, the new effective date of such license will be the day
				following the expiration of the original Authorized Gaming Operator
				License.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.009 - CONDITIONS OF AN AUTHORIZED GAMING OPERATOR LICENSE

Current through June 17, 2024
3.009.01 In addition to conditions imposed in
				any provisional license issued by the Commission under this Chapter an
				Authorized Gaming Operator License issued by the Commission is subject to the
				following conditions:
3.009.01A The Authorized
				Gaming Operator will at all times make its Gaming Facility available for
				inspection by the Commission or their authorized representatives with or
				without prior announcement. Additionally, the Authorized Gaming Operator
				understands that a Gaming Agent is authorized to be present anywhere within the
				Gaming Facility each day, at any time during operation of the Gaming Facility,
				and whenever else deemed appropriate by the Commission.
3.009.01B The Authorized Gaming Operator
				consents to the examination of all accounts, bank accounts, and records of, or
				under the Control of the Authorized Gaming Operator, or any entity in which the
				Authorized Gaming Operator has a direct or indirect Controlling interest. Upon
				request of the Commission or its authorized representative, the Authorized
				Gaming Operator must authorize all third parties in possession or Control of
				the requested documents to allow the Commission or Gaming Agents to examine
				such documents.
3.009.01C The
				Authorized Gaming Operator will be responsible for all applicable registration,
				taxation, and licensing imposed by the Act or other State law upon the
				Authorized Gaming Operator License, Gaming Device, or associated
				equipment.
3.009.01D The Authorized
				Gaming Operator will observe and enforce all Rules, regulations, decisions, and
				orders issued by the Commission. The Authorized Gaming Operator License is
				granted on the condition that the Authorized Gaming Operator, Key Person(s),
				and its employees, will comply with all decisions and orders of the Commission.
				Each Authorized Gaming Operator will have a continuing duty to report to the
				Commission Enforcement Division any violation of the Rules or applicable Laws
				of the State of Nebraska by the Authorized Gaming Operator, Key Person(s), and
				its employees. Failure to report violations will result in disciplinary action
				against the Authorized Gaming Operator.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.010 - GENERAL GROUNDS FOR REFUSAL TO ISSUE OR DENIAL OF AUTHORIZED GAMING OPERATOR LICENSE APPLICATIONS

Current through June 17, 2024
3.010.01 The
				Commission may refuse to issue an Authorized Gaming Operator License or deny
				any Authorized Gaming Operator License application on any grounds deemed
				reasonable by the Commission. Without limiting the foregoing, the Commission
				may deny the application on any of the following grounds:
3.010.01A Evidence of an applicant submitting
				an untrue or misleading Statement of material fact, or willful omission of any
				material fact, in any application, Statement, or notice filed with the
				Commission, made in connection with any investigation, including the background
				investigation, or otherwise made to the Commission or its staff;
3.010.01B Conviction of any felony in any
				jurisdiction by Key Person(s) of the applicant or by the applicant which may
				affect the applicant's ability to properly perform his or her duties or reflect
				unfavorably on the integrity of a Gaming Facility;
3.010.01C Conviction of any gambling offense
				in any jurisdiction by Key Person(s) or by the applicant;
3.010.01D Entry of any civil or
				administrative judgment against the applicant or its Key Person(s) that is
				based, in whole or in part, on conduct that allegedly constituted a felony
				crime in the State or other jurisdiction the conduct occurred that may affect
				the applicant's ability to properly perform his or her duties or reflect
				unfavorably on the integrity of a Gaming Facility, or involved a gambling
				violation(s);
3.010.01E Association
				by the applicant, applicant's spouse or members of applicant's immediate
				household with Persons or businesses of known criminal background or Persons of
				disreputable character that may adversely affect the general credibility,
				security, integrity, honesty, fairness or reputation of the proposed Gaming
				Activity;
3.010.01F Any aspect of
				the applicant's (or any Person(s)) past conduct, character, or behavior that
				the Commission determines would adversely affect the credibility, security,
				integrity, honesty, fairness or reputation of the proposed activity;
3.010.01G Failure of the applicant or its
				employees to demonstrate adequate business ability and experience to establish,
				operate, and maintain the business for the type of activity for which
				application is made;
3.010.01H
				Failure to demonstrate adequate financing for the operation proposed in the
				application;
3.010.01I Failure to
				satisfy any requirement for application or to timely respond to any request by
				the Commission for additional information;
3.010.01J Permanent suspension, revocation,
				denial or other limiting action on any license related to Gambling Games issued
				by any jurisdiction; and
3.010.01K
				Approval of the application would otherwise be contrary to Nebraska law or
				public policy.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.011 - CURRENT RACETRACK LICENSE REQUIRED FOR AUTHORIZED GAMING OPERATOR LICENSE

Current through June 17, 2024
3.011.01 If the
				Racetrack License is suspended, revoked, or not renewed pursuant to
Neb. Rev. Stat. §
										2-1203
during the term of
				an Authorized Gaming Operator License, and such suspension, revocation, or
				non-renewal is not cured pursuant to
Neb. Rev. Stat. §
										2-1203
, the Authorized
				Gaming Operator License will be suspended until a Racetrack License is
				reinstituted for the racetrack enclosure.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.013 - INSTITUTIONAL INVESTORS

Current through June 17, 2024
3.013.01 For the
				purposes of these rules, ''Institutional investor'', refers to any of the
				following entities having a 5 percent or greater ownership interest in a gaming
				establishment or gaming licensee: A corporation, bank, insurance company,
				pension fund or pension fund trust, retirement fund, including funds
				administered by a public agency, employees' profit-sharing fund or employees'
				profit-sharing trust, an association engaged, as a substantial part of its
				business or operation, in purchasing or holding securities, or any trust in
				respect of which a bank is a trustee or co-trustee, investment company
				registered under the federal Investment Company Act of 1940, collective
				investment trust organized by banks under part 9 of the Rules of the
				Comptroller of Currency, closed end investment trust, chartered or licensed
				life insurance company or property and casualty insurance company, investment
				advisor registered under the federal Investment Advisers Act of 1940, and such
				other persons as the Commission may reasonably determine to qualify as an
				institutional investor for with the purposes of this chapter.
3.013.02 To be presumed suitable or qualified
				as an institutional investor, an entity will submit to the Commission:
(1) Documentation sufficient to establish
				qualifications as an institutional investor; and
(2) completed certification form, as required
				and prescribed by the Commission.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.014 - PASSIVE INVESTOR

Current through June 17, 2024
3.014.01 Any
				investor in an Authorized Gaming Operator, Management Company, Holding Company,
				or Gaming-Related Vendor that falls below the threshold needed to be considered
				an institutional investor will not:
3.014.01A
				Exercise influence over the affairs of the Authorized Gaming Operator,
				Management Company, Holding Company, or Gaming-Related Vendor;
3.014.01B Exercise influence over the affairs
				of a holding, intermediate, subsidiary or parent company of the Authorized
				Gaming Operator, Management Company, Holding Company, or Gaming-Related Vendor;
i. Use or authorize the use of authority or
				influence of its employees, members, or owners to secure anything of value or
				the promise or offer of anything of value that is of such character as to
				manifest a substantial and improper influence in relation to the gaming
				activities under the jurisdiction of the Commission; or
ii. Participate in any other conduct in
				relation to the operation of gaming in Nebraska that the Commission considers
				inconsistent with passive institutional investment status.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.015 - TRANSFERABILITY OF OWNERSHIP

Current through June 17, 2024
3.015.01 Authorized
				Gaming Operator licenses are not transferable. Where there is a new majority
				ownership interest or control of an Authorized Gaming Operator licensee, the
				new owner or person in control of the licensee will apply for a new license and
				is not permitted to continue operating the Gaming Facility using the license of
				the acquired entity.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.016 - CREDENTIALS

Current through June 17, 2024
3.016.01 The credential issued to an employee
				pursuant to this Chapter will contain the inscription "State of Nebraska," the
				seal of the State, the name of the Commission, a picture of the licensee, and a
				license number. Credentials may also include the signature of the registrant
				and the following information: name, date of birth, photo identification, and
				any other information the Commission considers necessary.
3.016.02 Any licensee will promptly report
				the loss or destruction of their license credential to the Commission's
				Enforcement Division.
3.016.03 As
				soon as possible following the loss or destruction of an employee license
				credential, the Person to whom the license credential was originally issued
				will apply to the Commission for a replacement license credential.
3.016.04 Upon written request, a licensee's
				credentials may be amended to account for name changes and any other
				information as authorized by the Commission.
3.016.05 Any new credentials may be subject
				to a replacement fee as determined by the Commission, not to exceed $75.
				Licensees requiring replacement credentials more than two (2) times in a
				calendar year may be subject to disciplinary action.
3.016.06 Licensees whose employment with
				Authorized Gaming Operator is terminated for any reason will surrender their
				license credentials to the Commission agent on duty or to the Authorized Gaming
				Operator. If credentials are surrendered to an Authorized Gaming Operator, the
				credentials will be promptly surrender to a Commission agent.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.017 - PROVISIONAL LICENSES

Current through June 17, 2024
3.017.01 The
				Commission may issue a Provisional License to any Applicant who provides the
				required fingerprint cards, photographs, completed application, and intent to
				employ Statement. Provisional licenses may be valid for a period established by
				the Commission but will not be more than ninety (90) days and is subject to the
				license conditions enumerated in the Commission's authorization of the
				Provisional License.
3.017.02 The
				Commission may extend the duration of Provisional Licenses in thirty (30) day
				increments if the licensing process has not been completed.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.018 - INSURANCE

Current through June 17, 2024
3.018.01 Authorized Gaming Operator, Holding
				Company, and Gaming-Related Vendor licensees must obtain and maintain insurance
				in a minimum amount determined by the Commission and in the following types:
(1) Liability;
(2) Casualty
(3) Property
(4) Crime
(5) Worker's Compensation; and
(6) Any other type of insurance the
				Commission deems necessary.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 4 - INTERNAL CONTROLS › Section 296-4.001 - SYSTEM OF INTERNAL CONTROLS - GENERAL REQUIREMENTS

Current through June 17, 2024
4.001.01 The holder of an authorized gaming
				operator license will establish, maintain and update an internal control system
				that has been approved by the commission. the system of internal control
				procedures is designed to ensure all of the following:
a. Assets are safeguarded;
b. The financial records of the Authorized
				Gaming Operator are accurate and reliable;
c. The transactions of the Authorized Gaming
				Operator are performed only in accordance with the statutes and these
				rules;
d. The transactions are
				recorded adequately to permit the proper recording of the gaming revenue, fees,
				and all applicable taxes and payments;
e. Accountability of assets is maintained
				pursuant to generally accepted accounting principles;
f. Only authorized personnel have access to
				assets;
g. Account balances are
				complete and accurate, and appropriate action is taken with respect to
				discrepancies;
h. Accounts and
				personal identifiable information are adequately protected;
i. The functions, duties, and
				responsibilities are appropriately segregated and performed pursuant to sound
				practices by competent, qualified personnel;
j. Supervision is provided as needed for each
				function by personnel with authority equal to or greater than those being
				supervised;
k. No employee of the
				Authorized Gaming Operator, a vendor, or a third-party provider is in a
				position to perpetuate and conceal errors or irregularities in the normal
				course of the employee's duties; and
l. Games of chance are conducted with
				integrity and in accordance with the Act and these rules.
Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 4 - INTERNAL CONTROLS › Section 296-4.002 - APPROVAL OF INTERNAL CONTROLS

Current through June 17, 2024
4.002.01 The
				responsibility for approving, on behalf of the Commission, the Internal Control
				Systems for Authorized Gaming Operators is delegated to the Executive Director
				provided that he finds them to be compliant with the provisions of the Act and
				these rules.
4.002.02 Prior to
				gaming being conducted at the Gaming Facility, an Authorized Gaming Operator
				must submit its administrative and accounting procedures in detail in an
				Internal Control System for Commission review and written approval. The
				Internal Control System must address each subject included in the MICS and
				include a detailed narrative description of the administrative, accounting, and
				operational procedures designed to satisfy the requirements of these
				rules.
4.002.03 Within the Internal
				Control System, the Authorized Gaming Operator must establish, as approved by
				the Commission, the threshold level at which a variance must be reviewed to
				determine the cause. Any such review must be documented.
4.002.04 To the extent a third-party is
				involved in or provides any of the Internal Control System required in these
				rules, the Authorized Gaming Operator's Internal Control System must document
				the roles and responsibilities of the third-party and must include procedures
				to evaluate the adequacy of and monitor compliance with the third-party's
				Internal Control System.