Section 294-2.001 - ADMINISTRATIVE (Racing Commission)2.001.01 The Rules of Racing herein prescribed and any amendments or additions thereto apply to all persons, associations, partnerships or corporations holding, conducting or participating in and/or patrons of a meeting within the State of Nebraska, licensed by its Racing Commission.2.001.02 In reading the rules, unless the text otherwise requires, it shall be understood, without constant reference thereto, that they apply only in the State of Nebraska.2.001.03 Pursuant to Chapter 7 the Commission may rescind or modify any penalty or decision or infraction of the rules imposed or made by the racing officials, including stewards.2.001.04 The laws of the State of Nebraska and the rules duly promulgated by the Commission supersede the conditions of a race, or the regulations of a race meeting; such laws and rules also supercede any contracts, agreements, or arrangements that are in conflict with these laws or rules. (See Statutes 2-1201 and 2-1202 )2.001.05 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, members of the Commission and its designated representatives shall have the right of full and complete entry to any and all parts of the grounds, and mutuel plants of the association licensed to conduct horseracing in Nebraska; and each association in accepting a license does thereby consent thereto.2.001.06(1) 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 or the stewards of any licensed meeting have the unconditional right to permit and direct any person or persons authorized by them or either of them to achieve full and complete entry in or upon: (a) all areas and buildings on the grounds of an association that are the property of the association, including stables, rooms, stalls, tackrooms, feed rooms, storage rooms or other places; and each association in accepting a license does thereby consent thereto. Such right of the Commission or the stewards is an overriding obligation that shall apply and condition any act of an association to allocate its property to any person during the course of any licensed meeting at that association; and each association in accepting a license does thereby consent that any such allocation includes the right of entry here consented to, subject to rule 3.001.16.(b) all areas and buildings on the grounds of racetracks, farms, or other places where horses are kept that are entered or eligible to race at a race meeting, including stables, rooms, stalls, tackrooms, feed rooms, storage rooms or other places; and each racetrack or person who owns or leases any such property in accepting a license does thereby consent thereto. Such right of the Commission or the stewards is an overriding obligation that shall apply and condition any act of such racetrack or property owner or lessor to allocate property to any person during the course of any licensed meeting when horses with which that person is associated are kept at the racetrack or place and are entered or eligible to run at such meeting; and each racetrack or property owner in accepting a license does thereby consent that any such allocation includes the right of entry here consented to. A property owner or lessor under this paragraph includes a horseracing industry participant (see rule 2.001.06 A).(2) 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 or the stewards of any licensed meeting have the unconditional right to seize any object which they have reasonable suspicion to believe is contraband or evidence indicating a rule violation that is in plain view or to engage in any investigative or enforcement activity based upon observations made of persons, objects, or effects that are in plain view.2.001.06A(RE: NEREVSTAT SEC. 2-1244 ) HORSERACING INDUSTRY PARTICIPANT shall mean an individual who currently holds a valid license from the State Racing Commission and who owns, trains, cares for, or rides horses stabled at a Nebraska-licensed racetrack for the purpose of horseracing at the live race meeting at such racetrack.2.001.06B(1) No licensee, employee or agent of an association, or member of the Racing Commission or its staff shall willfully violate any protection provided to licensees and horseracing industry participants. Each license is granted upon the condition that the licensee shall accept the jurisdiction of the Racing Commission or its authorized designee to conduct hearings and impose sanctions pursuant to Rule 7.002 and each licensee in accepting a license does thereby consent thereto.(2) No association, employee or agent of an association, or member of the Racing Commission or its staff shall willfully and unlawfully seize, destroy, or damage private property. Each license granted by the Racing Commission to an association or an employee or agent of an association is granted upon the condition that the licensee shall accept the jurisdiction of the Racing Commission or its authorized designee to conduct hearings and impose sanctions pursuant to Rule 7.002 and each licensee in accepting a license does thereby consent thereto.(3) No association or employee or agent of an association may exclude a horseracing industry participant except pursuant to Rule 6.004, and each such licensee in accepting a license does thereby consent thereto.2.001.07 Every person participating in and every patron of a licensed race meeting shall abide by said laws and rules, and accept the stewards' decision on any and all questions, subject to the right of appeal to the Racing Commission. See statute 2-1203.) 2.001.07A(1) Each license granted by the Racing Commission, including licenses to associations and employees and agents of associations, owners, trainers, jockeys, apprentices, stable foremen, exercise riders, authorized agents, and veterinarians, is granted upon the condition that the licensee shall cooperate with the stewards and Racing Commission investigators or enforcement officers in rules investigations conducted by them; and each licensee in accepting a license does thereby consent thereto.(2) Except that a licensee charged with a rule violation may not be compelled to provide information at his hearing, each license granted by the Racing Commission, including licenses to associations and employees and agents of associations, owners, trainers, jockeys, apprentices, stable foremen, exercise riders, authorized agents, and veterinarians, is granted upon the condition that the licensee shall cooperate with the Board of Stewards and the Racing Commission and testify in hearings conducted by either or both of them when in possession of relevant information; and each licensee in accepting a license does thereby consent thereto.2.001.08 No person shall use improper, profane or indecent language to a racing official or any employee or representative of the Racing Commission.2.001.09 No person shall in any manner, or at anytime, disturb the peace or be obnoxious on the grounds of an association.2.001.10 Firearms shall not be kept in the tack rooms or barn area, or brought into the barn area at any time, except in the possession and control of authorized and certified law enforcement personnel or association security personnel.2.001.11 Any person ejected from the grounds of an association shall be denied admission to said grounds until permission for re-entering has been obtained from the association or from the Racing Commission.2.001.12 No person, without proper notice to the stewards, shall be part owner or trainer of any horse in which a jockey has an interest.2.001.13 The State Steward shall sound the bell closing the parimutuel machines no later than the opening of the starting gate.2.001.14 Any owner, trainer or employee of any owner, trainer or anyone having an interest directly or indirectly in any horse or horses registered for racing at a Race Meeting shall not be employed or used in any official, management or security capacity unless special permission has been granted by the Board of Stewards or Commission. This shall not prohibit employment of persons otherwise licensed as mutuel clerks. (See Chapter 13-001.06.)2.001.15 The holder of a claim whether it be a mortgage, bill of sale or lien of any kind against a horse, shall be required to file the same with the racing secretary previous to the time the horse runs. Failure to do so shall forfeit said persons rights in the winnings of the horse previous to the time the claim is properly filed.2.001.16 All Racing Commission licensees shall carry their licenses on their persons at all times when on association grounds accessible only to licensees.294 Neb. Admin. Code, ch. 2, § 294-2.001