Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 294 - RULES AND REGULATIONS GOVERNING HORSE RACING › Chapter 6 - DISCIPLINARY ACTION AND HEARINGS BEFORE THE STEWARDS › Section 294-6.004 - EXCLUSIONS BY EMPLOYEES OR AGENTS OF AN ASSOCIATION

Current through June 17, 2024
(1)
				An employee or agent of an association may exclude a person from the grounds of
				an association for reasons of business judgment unrelated to the rules of
				racing. Unless paragraph (2) applies, an association decision to exclude a
				horseracing industry or licensee participant shall be preceded by a hearing
				before the state steward or independent hearing officer. The steward or hearing
				officer shall review the association decision to assure that it was made for
				business judgment reasons that did not involve bias against the person or
				discrimination on the basis of the person's race, religion, or ethnic
				group.
(2) In advance of hearing,
				an employee or agent of an association may immediately exclude a person from
				the grounds of an association when there is reasonable suspicion that the
				person poses a physical danger to himself, other persons, or to animals or
				otherwise poses a substantial danger to the security, safety, and health
				conditions at racing meetings or to the integrity of horseracing.
(3) If an association or licensee elects to
				have an exclusion hearing proceed in front of an independent hearing officer,
				the hearing officer shall be selected by the Commission but the association or
				licensee so choosing shall bear all costs and fees of the hearing
				officer.
6.004.01 PRE-HEARING
				PROCEDURES AT STEWARDS EXCLUSION HEARING
(1)
				An association decision to exclude a horseracing industry or licensee
				participant must be made in writing and signed by a person designated by the
				association to bring the decision to the stewards for review. The association
				shall also provide a copy of this report to the horseracing industry or
				licensee participant subject to exclusion.
(2) Unless a hearing officer is to conduct
				the hearing, the state steward shall, upon receipt of a written report from an
				association, set a time and place for the hearing and provide two copies to the
				representative of the association; it is the responsibility of the association
				to provide notice to the person subject to exclusion and to verify for the
				state steward that notice was provided. If a hearing officer is designated to
				conduct the hearing, it shall be the responsibility of such hearing officer to
				set a time and place for the hearing and to provide copies to the
				representative of the association.
(3) If the horseracing industry or licensee
				participant has been excluded from association grounds pursuant to Rule
				6.004(2), a hearing
				must be held within 72 hours unless the excluded person requests a continuance;
				the decision to exclude is not stayed by a continuance. In all other cases, a
				hearing must be held within 72 hours unless either the excluded person or
				association representative requests a continuance. The state steward or hearing
				officer shall grant a continuance unless they find that there is no good cause
				for the request or that serious and undue prejudice will result from the
				delay.
(4) The person presenting
				the case against a horseracing industry or licensee participant shall be an
				employee or agent of an association. Such person may testify at an exclusion
				hearing.