Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 14 - SELF EXCLUSION › Section 296-14.001 - SELF-EXCLUSION

Current through June 17, 2024
14.001.01 The Self-Exclusion Program is
				established for the purpose of allowing persons who wish to refrain from
				gambling activities licensed by the Commission, to notify the Commission that
				they will accept responsibility for refraining from engaging in gambling
				activities offered by Authorized Gaming Operators. Each person seeking
				placement in the Self-Exclusion Program acknowledges that it is his or her
				responsibility to refrain from engaging in gambling activities under the
				jurisdiction of the Commission.
14.001.02 An individual may request to have
				their name placed on the Self-Exclusion List by completing the application and
				following the procedure outlined in the Commission's website or printed
				material available from the Commission, at designated locations on and off the
				Premises of licensed gaming facilities under the jurisdiction of the
				Commission.
14.001.03 An
				application for placement on the Self-Exclusion List may only be accepted, and
				an intake performed, by a designated agent approved by the
				Commission.
14.001.04 Failure to
				provide any information or to execute any forms deemed necessary by the
				Commission may result in a denial of a request for placement in the
				Self-Exclusion Program.
14.001.05
				Self-Exclusion List application forms will include a request to waive the
				liability of the Commission and its agents, Commission Licensees and their
				agents, the State of Nebraska and any person licensed pursuant to the Act, or
				other such persons as deemed necessary by the Commission, for any damages that
				may arise out of any act or omission related to placement in the Self-Exclusion
				Program.
14.001.06 Upon the filing
				of an application for placement in the Self-Exclusion Program, the Commission
				may file a Notice of Placement in the Self-Exclusion Program and such
				application and notice may be disclosed to persons licensed by the Commission
				and their agents and employees, as approved by the Commission. Such information
				is confidential and may only be used for purposes of administering the
				self-exclusion program according to the provisions of this Chapter.
14.001.07 Upon submission of an application,
				a designated agent will review with the applicant the contents and statements
				contained in the application. If the application is complete, the designated
				agent will sign the application indicating that the review has been performed
				and the application has been accepted.
14.001.08 A designated agent may not sign an
				application if (a) any required information is not provided or (b) they are of
				the belief that the applicant is not capable of understanding the
				responsibilities and consequences of being placed on the Self- Exclusion
				List.
14.001.09 The designated
				agent will forward the signed application for Self-Exclusion to the Commission
				within forty-eight (48) hours of completion in a manner directed by the
				Commission.
14.001.10 Upon receipt
				of an application, the Commission, or its designee, will review it for
				completeness. If the application meets all requirements of this chapter, the
				application will be approved, and the individual's name will be added to the
				Self-Exclusion List. If the application is incomplete, the Commission, or its
				designee, may deny the application and make efforts to contact the applicant
				advising them of such.
14.006.11 If
				the Authorized gaming operator utilizes an internal management system to track
				individuals on the Self-Exclusion List, they will update that system at least
				every seventy-two (72) hours with names of individuals being added or removed
				from the Self-Exclusion List.
14.001.12 The Commission, or its designee,
				will add to the Self Exclusion List the name of any individual provided from a
				gaming jurisdiction outside of the State of Nebraska, with which the Commission
				has entered into an intergovernmental agreement, upon a determination that the
				individual voluntarily requested that their name be added to the list of the
				referring jurisdiction and that they were notified, either directly or by
				operation of law, that their name may be placed on similar lists in other
				jurisdictions.
14.001.13 A person
				does not have to admit they are a problem gambler when placing themselves in
				the Self-Exclusion Program.
14.001.14 If the applicant has elected to
				seek services available within the State of Nebraska, the Commission, or its
				designee, will contact the designated coordinating organization for the
				provision of requested services. The Executive Director will determine the
				information and forms to be required of a person seeking placement on the Self-
				Exclusion List. Such information will include, but not be limited to, the
				following:
14.001.14A Name, home address,
				email address, telephone number, date of birth, and Social Security number of
				the applicant;
14.001.14B A
				passport-style photo of the applicant;
14.001.14C A statement from the applicant
				that one or more of the following apply:
14.001.14C(i) They identify as a "problem
				gambler," meaning an individual who believes their gambling behavior is
				currently, or may in the future without intervention, cause problems in their
				life or on the lives of their family, friends, or co-workers;
14.001.14C(ii) They feel that their gambling
				behavior is currently causing problems in their life or may, without
				intervention, cause problems in their life; or
14.001.14C(iii) there is some other reason
				why they wish to add their name to the Self-Exclusion List.
14.001.14D Election of the
				duration of the exclusion;
14.001.14E An acknowledgment by the applicant
				that the individual will not be participating in gambling regulated under the
				jurisdiction of the Commission and that it is their sole responsibility to
				refrain from doing so;
14.001.14F
				An acknowledgment by the applicant that the applicant will not collect any
				winnings or recover any losses resulting from any gambling activity under the
				jurisdiction of the Commission for the duration of the exclusion
				period;
14.001.14G An
				acknowledgment by the applicant that the individual will forfeit all rewards or
				points earned or accumulated through any player reward or another promotional
				program they engage in gaming while on the Self- Exclusion List;
14.001.14H An offer by the Commission or the
				designated agent completing the self-exclusion application to assist the
				applicant to access information about gambling disorders, self-guided help or
				counseling;
14.001.14I An
				acknowledgment of understanding by the applicant that by placing their name on
				the Self-Exclusion List, the prohibitions identified in this Chapter apply to
				all gambling activities under the jurisdiction of the Commission or its
				Licensees or affiliates, whether within the State of Nebraska or another
				jurisdiction, and that the Commission may share the Self-Exclusion List with
				other domestic or international gaming jurisdictions resulting in placement on
				those lists;
14.001.14J An
				acknowledgment by the applicant that the individual is submitting the
				application freely, knowingly, and voluntarily;
14.001.14K A statement that the individual is
				not under the influence of a substance or suffering from a mental health
				condition that would impair their ability to make an informed
				decision;
14.006.14L An
				acknowledgment by the applicant that if they knowingly violate their agreement
				to refrain participating in any gambling activity offered by the Commission or
				its Licensees or affiliates during the exclusion period, the applicant will
				notify the Commission of such violation within twenty-four (24) hours of such
				gambling activity; and releasing the State of Nebraska, the Commission and all
				affiliated employees, entities and persons licensed by the Commission and their
				affiliates, from any claims associated with their breach of the
				agreement;
14.001.14M An affidavit
				verifying that the applicant wishes to be placed on the Self-Exclusion List,
				that the Commission is specifically authorized and requested to release all
				contents of the person's application to persons who, in the sole discretion of
				the Commission, are necessary to implement the policies and procedures
				contained in this chapter. Such persons will be subject to terms of
				confidentiality prescribed by the Commission, which will be contained in the
				application. Such persons will include, but not be limited to the following:
14.001.14M(i) Employees or contractors of the
				Commission involved in the administration, supervision or activities related to
				the administration or supervision of this chapter;
14.001.14M(ii) Licensees of the Commission or
				their affiliates, agents and employees;
14.001.14M(iii) Designated agents;
				and
14.001.14M(iv) enforcement
				personnel involved in the administration, supervision or investigation of
				activities contained in this chapter.
14.001.14N An acknowledgment by the applicant
				that once their name is placed on the Self-Exclusion List, they may be refused
				entry or ejected from areas specifically devoted to of gambling under the
				jurisdiction of the Commission by a person licensed by the Commission, an agent
				of the Commission, or law enforcement personnel.