251 Neb. Admin. Code, ch. 1, § 005

Current through September 17, 2024

Section 251-1-005 - HEARING OFFICERS; CRITERIA, QUALIFICATIONS, POWERS AND DUTIES

005.01Appointment.

Hearing officers shall be appointed by the Director in writing. Such appointment shall be of public record in the Director's office. A hearing officer for a contested case may be designated by the Director.

005.02Conflict .

A person who has served as investigator prosecutor, or advocated 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 subsection 005.04.

005.03Conflict of Supervisor.

A person who is subject to the authority direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing state may not serve as hearing officer or advise a hearing officer in the same proceeding except as provided in subsection 005.04.

005.04Consent.

If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist or advise a hearing officer in the preparation of orders.

005.05Participation in Preliminary Determination.

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 advise a hearing officer in the same proceeding.

005.06Stages of the Contested Case.

A person may serve as hearing officer at successive stages of the same contested case.

005.07Qualifications.

Hearing officers shall be attorneys licensed to practice law in the State of Nebraska.

005.08Unbiased and Impartial.

The hearing officer shall be unbiased and impartial to the subject proceeding.

005.09Recusa.l

No hearing officer shall participate in an appeal in which they have an interest. For good cause shown on the Director's own motion, the hearing officer may recuse his or herself from conducting the hearing. Motions for recusal shall be made in writing to the Director and must be received no later than three (3) days prior to the date of the hearing. Any party may bring a motion to recuse for good cause shown.

005.10Powers and Duties.

The hearing officer shall have the duty to conduct full, fair and impartial hearings, to take appropriate action to avoid unnecessary delay in the disposition of the proceeding, and to maintain order. They shall have the following powers:

005.10A To administer oaths and affirmations;

005.10B To issue subpoenas as authorized;

005.10C To compel discovery and to impose appropriate sanctions for failure to make discovery;

005.10D To rule upon offers of proof and receive relevant, competent, and probative evidence;

005.10E To regulate the course of the proceedings in the conduct of the parties and their representatives;

005.10F To hold prehearing conferences for simplification of the issues, settlement of the proceedings, or any other purposes;

005.10G To consider and rule orally or in writing, upon all procedural and other motions appropriate in adjudicative proceedings;

005.10H To fix the time for holding the record open for additional evidence or for submission of briefs;

005.10I To exclude people from the hearing;

005.10J To issue recommended decisions, rulings, and orders as appropriate; and

005.10K To take any other action consistent with the purpose of the law.

251 Neb. Admin. Code, ch. 1, § 005