Nebraska Administrative Code › Topic - RACING COMMISSION, STATE › Title 296 - RULES FOR NEBRASKA RACETRACK GAMING ACT › Chapter 3 - GAMING LICENSING REQUIREMENTS › Section 296-3.007 - APPLICATION FOR A GAMING LICENSE

Current through June 17, 2024
3.007.01 An
				application for a license under the Act and these rules is a request by the
				applicant seeking a revocable privilege. A license may be granted by the
				Commission if the applicant meets the licensing requirements of the act and
				these rules.
3.007.02 An applicant
				for a license under the Act and these rules will, at all times, have the burden
				of demonstrating to the Commission, by clear and convincing evidence, that the
				applicant is eligible, qualified, and suitable to be granted and retain the
				license for which application is made under the applicable licensing standards
				and requirements of the Act and these rules.
3.007.03 A license or certificate of
				suitability issued by the Commission under the Act or these rules is a
				revocable privilege granted by the Commission. A person who holds a license
				does not acquire, and will not be deemed to acquire, a vested property right,
				or other right, in the license.
3.007.04 An applicant or licensee will accept
				any risk of adverse publicity, public notice, notoriety, embarrassment,
				criticism, financial loss, or other unfavorable or harmful consequences that
				may occur in connection with, or as a result of, the application and licensing
				process or the public disclosure of information submitted to the Commission
				with a license application or at the Commission's request under the Act and
				these rules.
3.007.05 Licensees
				have a continuing obligation to demonstrate suitability to hold a license by
				complying with the Act, these regulations, and all federal, state, and local
				laws that relate to the suitability of the licensee. The Commission may reopen
				the investigation of a licensee at any time. The licensee will be assessed
				fees, if any, to cover the additional costs of the investigation.
3.007.06 An applicant or licensee may claim
				any privilege afforded by the Constitution or laws of the United States or of
				the state of Nebraska in refusing to answer questions or provide information
				requested by the Commission. However, a claim of privilege with respect to any
				testimony or evidence pertaining to the eligibility, qualifications, or
				suitability of an applicant or licensee to be granted or hold a license under
				the Act and these rules may constitute cause for denial, suspension, revocation
				or restriction of the license.
3.007.07 An applicant and licensee will have
				a continuing duty to do all of the following:
3.007.07A Notify the Commission of a material
				change in the information submitted in the license application submitted by the
				applicant or licensee or a change in circumstance, that may render the
				applicant or licensee ineligible, unqualified, or unsuitable to hold the
				license under the licensing standards and requirements of the act and these
				rules.
3.007.07B Provide any
				information requested by the Commission relating to licensing or regulation;
				cooperate with the Commission in investigations, hearings, and enforcement and
				disciplinary actions; and comply with all conditions, restrictions,
				requirements, orders, and rulings of the Commission in accordance with the Act
				and these rules.