294 Neb. Admin. Code, ch. 10, § 294-10.004

Current through September 17, 2024
Section 294-10.004

The Commission may refuse to issue or renew a license, or may suspend or revoke a license issued pursuant to the rule, if it shall find that the applicant, or any person who is a partner, agent, employee or associate of the applicant, has been convicted of a crime in any jurisdiction, or is or has been associating or consorting with bookkmakers, touts, or persons of similar pursuits, or has personally engaged in similar pursuits, or is financially irresponsible, or has been guilty of or attempted any fraud or misrepresentation in connection with racing, breeding, or otherwise, or has violated or attempted to violate any law with respect to racing in any jurisdiction or any rule, regulation or order of the Commission, or adopted by the Commission, or has been guilty of or engaging in similar, related or like practices. (See Chapter 18.015 through 18.022.)

10.004.01 To effect the performance of its statutory duty to assure the security, safety, and health conditions at racing meetings as well as to assure the integrity of horseracing and to protect against any conduct detrimental to the best interests of horseracing, the Commission may condition the granting of (i) a first-time license, (ii) a license requested by a person who has not held a license for a period of 12 months prior to the new license application, and (iii) a license renewal requested by a horseracing industry participant who was found guilty of any rule violation involving exclusion, suspension, revocation, or other serious penalty as defined by the Commission, and (iv) a license renewal requested by a person who was found guilty of a criminal offense or who, at the time of license application, is charged with a criminal offense upon:
(a) consent to the unconditional right of the stewards of any licensed meeting or the Commission to permit and direct any person or persons authorized by them or either of them, to examine, search, or inspect the personal effects and property of any horseracing industry participant kept on or within the grounds of an association at which a licensed race meeting is held or at other racetracks or places where horses are kept which are eligible to race at said meeting, and to seize any object that may be contraband or evidence indicating a rule violation;
(b) consent to the unconditional right of the stewards of any licensed meeting or the Commission to permit and direct any person or persons authorized by them or either of them, to conduct a search of the person to find contraband or evidence of a rule violaton; and
(c) consent to drug and alcohol testing by urinalysis if the person of whom consent is required is a person who has a history of drug or alcohol possession or use as demonstrated by prior rule violation or misdemeanor or felony conviction.

294 Neb. Admin. Code, ch. 10, § 294-10.004