Section 442-5-008 - Order for Hearing and Notice of Hearing.An Order for Hearing and Notice of Hearing will be issued for a hearing on the merits of each appeal or petition unless it is dismissed or an order on the merits as agreed to by the parties has been entered.
008.01 The Order for Hearing and Notice of Hearing on the merits may be served on the parties in person, by mail, by fax, by email, or by any other method reasonably designed to result in actual notice of the hearing.008.02 The Order for Hearing and Notice of Hearing on the merits may advise the parties of the following:008.02A The type of hearing (formal, informal, or single commissioner). See Chapter 2 §§001.23 and 001.27 for definitions of formal and informal hearings; see also Neb. Rev. Stat. § 77-5015.02.008.02B The date, time, and place of hearing.008.02C That all parties shall be present at the hearing within 15 minutes of the scheduled time and that a default judgment may be entered, or an appeal may be dismissed, if any party fails to appear within that time.008.02D That parties are not required to have legal counsel.008.02E The name or names of the hearing officer(s), and the name of the presiding hearing officer unless excused prior to the hearing, and that the hearing may be held before a panel of the Commission or a quorum of a panel of the Commission.008.02F The manner in which the hearing record will be made.008.02G If the hearing is an informal hearing, that although the formal rules of evidence will not be used during an informal hearing, the presiding hearing officer has the right to, and may, pursuant to Neb. Rev. Stat. § 77-5016, admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs, exclude evidence that is incompetent, irrelevant, immaterial, and unduly repetitious and give effect to the rules of privilege recognized by law but shall not otherwise be bound by the usual common law or statutory rules of evidence. If the hearing is a formal hearing, that the rules of evidence applicable in the district courts will be applied.008.02H That every party has the right to examine each witness who testifies for another party and the right to submit rebuttal evidence.008.02I The time allocated to each party for a presentation.008.02J The deadline for submission of exhibits to the Commission and opposing parties.008.02K The deadline for disclosure of the names of expert witnesses and their expected testimony.008.02L Other information or direction as the Chairperson may determine.008.03 The Order for Hearing and Notice of Hearing is a Notice of Hearing.442 Neb. Admin. Code, ch. 5, § 008
Amended effective 6/7/2021