Current through September 17, 2024
Section 49-4-007 - HEARING OFFICER; CRITERIA007.01 The Director may delegate to a hearing officer other than the Director the functions of conducting a prehearing conference and/or a hearing and submitting a recommended decision to the Director.007.02 A person who has served as investigator, witness, or prosecutor in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in Section 007.04 of this Rule.007.03 A person who is subject to the authority, direction, or discretion of a person who has served as investigator, witness or prosecutor in a contested case or in its prehearing stage may not serve as hearing officer or advise a hearing officer in the same proceeding except as provided in Section 007.04 of this Rule.007.04 If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of a person who has served as investigator, witness or prosecutor in a contested case or in its prehearing stage may assist a hearing officer in the preparation of orders.007.05 A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.007.06 A person may serve as hearing officer at successive stages of the same contested case.49 Neb. Admin. Code, ch. 4, § 007