Section 294-7.002 - SANCTIONS ENFORCEMENT HEARINGS7.002.01 JURISDICTION (1) The Commission or a person designated by the Commission under Rule 7.001.16 shall hear claims alleging willful, unlawful, and uncompensated seizures of the private property of another or of willful, unlawful, and uncompensated damage or destruction to the private property of another. See Neb. Rev. Stat. Section 2-1245.(2) A claim of violation may be made by any licensee, by a steward, or by a member of the Racing Commission or its staff.(3) A claim of violation may be made against any licensee, steward, or a member of the Racing Commission or its staff.(4) A claim otherwise cognizable by the Racing Commission may be heard only if the violation was committed on the grounds of an association during the course of a meeting or at a racetrack or place where horses are kept that are eligible or entered to run at such meeting.7.002.02 PROCEDURES BEFORE COMMISSION (1) A claim of violation must be made in writing, signed by the person alleging the violation, and filed with the Racing Commission within five (5) days, excluding Sundays and state and national holidays, after the alleged violation. The claim must state the time and place of the alleged violation, the name and licensee status of the person who committed the alleged violation, the names of any witnesses to the circumstances constituting the alleged violation, and the particular rule alleged to have been breached. The filed statement must also include sufficient discussion of the alleged violation for the Commission to understand the nature of the claim that the rule willfully was breached.(2) Except for any specific provision to the contrary in this chapter, the Commission shall treat any claims brought under this chapter as though the claim were a contested case heard de novo by the Commission under Chapter 7.(3) In hearings under this chapter a person claiming to be injured by an alleged violation is not a party. Such person is also not an aggrieved person for purposes of Chapter 7, and the Commission shall not provide a remedy to such person.7.002.03 DEFENSE TO CLAIM In any hearing under this rule it shall be a defense to a claim that the person charged acted in good faith and in the exercise of due care in applying a Racing Commission rule. No fine, suspension, dismissal or any other such penalty may be imposed absent a decision that the person acted with gross negligence or in deliberate disregard of a clearly established rule, statutory, or constitutional right of which a reasonable person would have been aware.
7.002.04 SCOPE OF REVIEW(1) With regard to the performance of any discretionary act under the rules, the Commission shall not substitute its judgment for that of the official directly involved.(2) In a claim based on a search, entry, or frisk, the fact that no contraband or evidence of rule violation was uncovered is not a sufficient showing that a rule was violated. Any claim that alleges only the failure to find contraband or evidence shall be dismissed without hearing.(3) If the Commission concludes that as a matter of law an interpretation of a rule was in error or that there was clear error in the application of a rule, the Commission may issue a ruling providing the interpretation of the rule that is to be followed or proscribing certain conduct undertaken pursuant to that rule.(4) In any hearing under this rule the Racing Commission shall also consider whether a claim was made in willful bad faith or was so frivolous as to demonstrate a claimant's grossly negligent disregard for proper procedure. If the Commission so finds, it may impose against the claimant a fine, license suspension or revocation, or any other penalty it decides is appropriate.7.002.05 PENALTIES (1) The Commission under this chapter has the authority to impose any penalty or disciplinary sanction it deems appropriate, including a fine, dismissal or suspension from employment of a Commission employee, and license suspension or revocation.294 Neb. Admin. Code, ch. 7, § 294-7.002