Section 294-6.002 - ADDITIONAL HEARING PROCEDURES WHERE CHARGE IS UNRELATED TO RUNNING OF RACE AND PENALTY IMPOSED IS SUSPENSION OR REVOCATION OF LICENSE(1) Unless paragraph (2) applies, the following additional procedures are required under this rule in cases in which license suspension or revocation is imposed for a rule violation unrelated to the running of a race:(a) the hearing before the stewards shall be recorded or transcribed;(b) all witnesses shall be placed under oath or required to affirm that their testimony is truthful;(c) a steward with direct knowledge of the events leading to the charge from his own personal observation shall provide any such information as a witness and shall not participate as one of the hearing officers;(d) a charged person may not be compelled to give evidence or provide information but his silence may be used to draw inferences adverse to him regarding whether he committed the rule violation with which he is charged;(e) a charged person may cross examine any witness who testifies against him, except that his right of cross examination does not prevent hearsay testimony and evidence that is otherwise admissible under Rule 6.001.02(4).(2) A charged person may waive any one or more of the hearing rights provided except the requirement in paragraph (a) that the hearing be recorded or transcribed. In the event of malfunction of recording equipment, an appeal by a charged person of an adverse decision will be de novo.(3) 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, a record of the vote with regard to decision and penalty except that such record need not identify the vote of any particular steward, and any explanation of the decision the stewards choose to include.(4) At the election of the stewards any and all of the procedures set forth in paragraphs (1) and (3) may be followed at any stewards hearing.294 Neb. Admin. Code, ch. 6, § 294-6.002