184 Neb. Admin. Code, ch. 1, § 015

Current through September 17, 2024

Section 184-1-015 - HEARINGS

015.01PUBLIC ATTENDANCE. Hearings on contested cases are open to the public, except that evidence subject to a protective order may be received in camera or under such conditions as may be appropriate to preserve confidentiality. Records will be made of any portion of a hearing held in camera. The hearing officer may order the record sealed to be made available only for purposes of review by the hearing officer or other person authorized to recommend or render a decision in the case or a court of competent jurisdiction in an appeal.

015.02BROADCASTING HEARINGS. Broadcasting, televising, recording, or taking photographs in the hearing room and areas immediately adjacent to the hearing room during sessions of hearing or recesses between sessions is prohibited, except that hearing officers may authorize:

(A) Use of electronic or photographic means for the presentation of evidence, perpetuation of a record, or other purposes of official administration; and

(B) Photographic or electronic recording and reproduction of proceedings under the following conditions:

(i) The means of recording will not distract participants or impair the proceeding's dignity;

(ii) The parties have consented, and consent to being depicted or recorded has been obtained from each witness appearing in the recording and reproduction;

(iii) The reproduction will not be exhibited until after the proceeding has been concluded and all direct appeals have been exhausted; and

(iv) The reproduction will be exhibited only for instructional purposes in educational institutions.

015.03HEARING DECORUM.

015.03(A)ATTENDANCE. Parties and their attorneys, if represented, must be present in the hearing room ready to proceed at the time set for hearing.

015.03(B)EXAMINING WITNESSES. Except when necessary to approach a witness or exhibit, persons must conduct the examination of witnesses while seated at the counsel table or from the lectern, if the hearing room is equipped with a lectern. Only one person for each party may examine a witness or make objections during a witness's testimony. No party or counsel may approach a witness without the hearing officer's permission.

015.03(C)DISCUSSIONS. No party or attorney, when represented, may participate in discussions with the opposing party or attorney during session without the hearing officer's permission.

015.03(D)HEARING DECORUM. Nothing in this chapter may be construed to limit the power of the hearing officer to maintain decorum by ordering unruly spectators to leave the hearing room or reasonably limiting the number of spectators.

015.04ORDER OF PROOF. Evidence will be received in the following order unless a different order is required by law or ordered by the hearing officer:

(A) The main case of the plaintiff, petitioner, or appellant;

(B) The case of the defendant, respondent, or appellee;

(C) The rebuttal by the plaintiff, petitioner, or appellant; and

(D) Surrebuttal of defendant, respondent, or appellee.

015.05BASIC STAGES.

015.05(A)OPENING. Hearing officers will open proceedings by announcing the case to be heard, introducing themselves and asking the parties or their counsel to make appearances.

015.05(B)PRELIMINARY MATTERS. The hearing officer hears any motions, stipulations, or other matters preliminary to proceeding with the hearing.

015.05(C)OPENING STATEMENTS. Parties may make opening statements of no more than 20 minutes in length, unless otherwise permitted by the hearing officer, related to the evidence presented and explanation of that evidence. Opening statements take place in the same order as the order of proof. Parties may reserve the opening statement to precede the presentation of that party's case.

015.05(D)PRESENTATION OF EVIDENCE. The evidence is presented in the order described in 015.04. In each stage, witnesses customarily pass through the following steps:

(i) Direct examination by the party calling the witness;

(ii) Cross-examination by the opposing party;

(iii) Re-direct examination by the party who called the witness; and

(iv) Re-cross examination by the opposing party.

015.05(E)CLOSING ARGUMENTS. After the evidence is presented, parties may make closing arguments of no more than 20 minutes in length, unless otherwise permitted by the hearing officer, related to the evidence presented and explanation of that evidence. Closing arguments will be made in the same order as the order of proof.

015.05(F)OTHER MATTERS. After the close of the evidence and any argument, the hearing officer may take up such matters as may be necessary before closing the hearing.

015.05(G)CLOSING. The hearing officer announces the closing of the hearing.

015.06HEARING BY WRITTEN SUBMISSIONS AND STIPULATIONS. Parties may enter into agreements to offer their cases by written submission or stipulate to the facts and proceed to hearing on the issue of disposition only. Such agreements must be in writing and entered into the record or be made verbally on the record at time of hearing.

015.07OATH OR AFFIRMATION. Parties will be sworn in prior to testifying by oath or affirmation.

015.08PARTIES APPEARING WITHOUT COUNSEL. Parties appearing without counsel may present their testimony by narration and will be sworn in prior to beginning testimony.

015.09RECESSES. The hearing officer may recess the hearing for breaks, meals, and from day to day until the hearing is completed. If a hearing exceeds the day or days scheduled, the matter may be recessed to the next available date for proceeding with hearing.

015.10BRIEFS. Parties may submit pre-hearing or post-hearing briefs, and they may be required by the hearing officer to submit briefs simultaneously or according to a prescribed schedule.

015.11LATE SUBMISSIONS. Submission of exhibits after the close of hearing may be made only with the permission of the hearing officer upon motion by the party at the hearing. If the motion is granted, the opposing party will be given opportunity to offer rebuttal.

015.12REOPENING. Once a hearing is closed, it will be reopened only upon showing of good cause and before judgment. Application may be made by motion and will be heard unless the parties stipulate and jointly move to reopen the case.

184 Neb. Admin. Code, ch. 1, § 015

Amended effective 9/17/2024