Section 294-6.001 - HEARING PROCEDURES IN GENERAL(1) The hearing procedures set forth in chapter 6 apply to hearings heard by the stewards on a charge of a violation of a rule, except that any claim charging a violation arising out of investigative or enforcement activity committed by a steward, a Racing Commission investigative or enforcement officer, or an employee or agent of an association engaged in investigative or security work may be heard only in a sanctions enforcement hearing pursuant to Chapter 7.002.(2) The hearing procedures set forth in Rule 6.001 apply to all stewards hearings.(3) A charge of rule violation may be made by a steward, a Racing Commission investigative or enforcement officer, a person designated by the Racing Commission, or any other person who has information regarding a rule violation. A charge of rule violation shall be made to a steward or to a Racing Commission investigative or enforcement officer who shall report such charge to a steward.(4) The person presenting the case against a charged person shall be known as the case presenter and may be a Racing Commission investigative or enforcement officer or a person designated by the Racing Commission. A case presenter may testify at a stewards hearing.6.001.01 PRE-HEARING REQUIREMENTS (1) When the stewards receive a report of a rule violation, they shall orally notify the charged person of the substance of the charge and the time and place of the hearing, if scheduled, and shall either provide written notice at that time or designate a time and place when the charged person may pick up written notice of the charge and hearing. Failure of a charged person to appear to pick up written notice shall not constitute an excuse for failure to appear at the hearing. In the event the stewards are unable to find the charged person to provide oral notification, the stewards shall mail written notice by registered or certified mail to the local and/or permanent address on the charged person's license application.(2) Written notice of a charge shall give the time and place of the hearing, shall contain a statement of the nature of the charges, and shall cite by number the statutes or rules alleged to have been violated.(3) The stewards may immediately subject a person charged with a rule violation to intermediate penalty not involving exclusion from association grounds or license suspension. The stewards may immediately exclude a person from the grounds of an association or suspend his license when they have reasonable suspicion that the person poses a physical danger to himself, other persons, or animals or otherwise poses a substantial danger to the security, safety, and health conditions at racing meetings or to the integrity of horseracing. The decision to suspend a license under this paragraph may be made by the starter and affirmed by the stewards. The decision to suspend shall be promptly reported in writing to the Racing Commission and the Racing Secretary by the official who originally imposed the suspension. The decision to exclude may be made in the first instance by the stewards or they may affirm a decision made by the starter, a Racing Commission investigative or enforcement officer, or other person designated by the Racing Commission.(4) When an intermediate penalty is imposed, a hearing must be held within 72 hours unless the charged person requests a continuance; an intermediate penalty is not stayed by a continuance. Except for such request for continuance or for cases covered under Rule 6.005, in all other cases a hearing must be held within 72 hours unless either the charged person or the case presenter requests a continuance. The stewards 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.(5) The presence of all the stewards or their appointed deputies is required at stewards hearings.6.001.02 PROCEDURES AT THE HEARING (1) Unless the charged person as well as a majority of the stewards agree otherwise, a stewards hearing will be held in public. A public hearing means that no person may be excluded by the stewards unless he is a prospective witness, he creates a disturbance at the hearing, or there is reason to believe he will create a disturbance at the hearing. The fact that a hearing is public does not obligate the stewards to announce in advance that a hearing is being held or the time, place, and subject matter of the hearing.(2) Each person called to testify at a hearing may retain a lawyer or invite an advisor-observer of his choosing to be present at the hearing. An advisor-observer may testify at the hearing.(3) A charged person has the following rights at a hearing before the stewards: (a) he may retain a lawyer to represent him at the hearing or invite a person of his choosing to assist or advise him at the hearing;(b) he may have any prospective witness except the case presenter excluded from the hearing until after the witness has testified;(c) subject to paragraph (4), he may call witnesses to testify on his behalf and may present evidence at the hearing, except that the stewards are not required to permit cross examination of witnesses or to issue subpoenas for the attendance of witnesses.(4) The stewards shall hear all testimony and evidence bearing on the charge that is not unduly repetitious. They shall give effect to all non-repetitious evidence or testimony except where they decide that it would not be commonly accepted by reasonably prudent persons in the conduct of their affairs.(5) Upon a decision that a charge was proved the stewards may continue, decrease, or increase any intermediate penalty that was imposed.6.001.03 FAILURE TO APPEAR Where notice of the hearing was provided, a failure of the person charged to appear at a hearing shall be treated as a waiver of his right to appear, and the stewards may proceed to hear the charge against the person and to impose an appropriate penalty.
6.001.04 POST-HEARING REQUIREMENTS After a hearing the stewards shall transmit a signed written statement to the Racing Commission, to the case presenter, and to the charged person. The statement shall contain the decision and findings of the stewards, and the penalty imposed.
294 Neb. Admin. Code, ch. 6, § 294-6.001