253 Neb. Admin. Code, ch. 13, § 012

Current through September 17, 2024
Section 253-13-012 - Hearing Officer

The Board may employ a hearing officer who shall assist the Board with the review of any issue or matter which the Board deems proper in order to carry out the provisions of the Motor Vehicle Industry Regulation Act and who shall perform such other duties as the Board may prescribe, provided, any issue or matter reviewed by a hearing officer involving a contested case shall conform to the requirements of Rules Chapter 14, and provided further, if a hearing is conducted by a hearing officer, the hearing officer shall submit a report of the findings made by such hearing officer along with a recommendation of order or decision to the Board within 20 days of the date of such hearing, and a copy of the report and recommendation of the hearing officer shall be forwarded to all parties requesting the same, and provided further, any recommendation of order or decision made to the Board by a hearing officer will not be considered an order or decision of the Board unless accepted and affirmed by the Board, and the Board may further reverse, adopt, modify, supplement, amend or reject the recommendation of order or decision by the hearing officer, in whole or in part, and provided further, upon its motion or motion by any party to a hearing held before a hearing officer, the Board shall allow a rehearing before the Board of any issue or matter reviewed by a hearing officer. The written motion by an outside party shall be in writing and must be made within 20 days of the date of the Board's decision and shall include the reasons why a rehearing should take place.

012.01 Any hearing conducted by a hearing officer shall require the Board to prepare an official record of the hearing, including all testimony recorded mechanically or stenographically, and all exhibits introduced. The Board is not required to transcribe such record except pursuant to an appeal, except that, upon written request and receipt of a reasonable fee for transcribing such record, the Board may transcribe the record or allow for its transcription by the persons requesting.

253 Neb. Admin. Code, ch. 13, § 012

Adopted effective 9/17/2024