Section 294-6.004 - EXCLUSIONS BY EMPLOYEES OR AGENTS OF AN ASSOCIATION(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.6.004.02 HEARING PROCEDURES(1) Unless the association and person subject to exclusion agree otherwise, an exclusion 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 state steward or hearing officer 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 person subject to exclusion has the following rights at an exclusion hearing: (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 employee or agent of the association who is presenting the case excluded from the hearing until after the witness has testified;(c) subject to paragraph (b), 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 state steward or hearing officer shall hear all testimony and evidence bearing on the charge that is not unduly repetitious. The state steward or hearing officer 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.294 Neb. Admin. Code, ch. 6, § 294-6.004