Section 442-5-014 - Motions and Objections to Motion014.01Form. Motions and objections to motions, except those made during a proceeding, are pleadings and subject to the rules concerning the form and content of pleadings. See Chapter 4, §001.02 of these rules. The Commission may waive these requirements in the interest of justice and the orderly and prompt conduct of the proceedings at its discretion.014.02Service. Each motion or objection to a motion, except those made during a proceeding, must be served on opposing parties or their legal counsel by its proponent and a certificate of that service be included with a filing of the motion or objection. A motion or an objection to a motion may be served by personal delivery, fax, if the original is mailed or delivered personally within twenty four (24) hours of the facsimile transmission, by email with the consent of the party to be served, or by mail at the address shown in the Commission's records. See Ch. 2 §001.08 for a sample certificate of service.014.03Filing. Each motion or objection to a motion, except those made during a proceeding, must be filed with the Commission. Filing of a motion or objection and its certificate of service with the Commission may be made by personal delivery, fax, email, or mail. 014.03ADelivered in Person. A motion or an objection to a motion may be delivered to the Commission at its office in Lincoln, Nebraska.014.03BMail. A motion or objection to a motion filed by mail is deemed to have been filed when received by the Tax Equalization and Review Commission.014.03CFax. Any motion or objection to a motion may be filed with the Commission by facsimile if the original is mailed or delivered to the Commission within twenty-four hours of the facsimile transmission.014.03DEmail. A motion or objection to a motion may be filed with the Commission by email only with the permission of Commission staff or by order of the Commission. 014.04Request for Stay. A party may request a stay of scheduling a hearing at any time prior to an Order for Hearing and Notice of Hearing being issued. A Motion for Stay received after that date will be deemed a Motion to Continue.014.05Motion to Continue. A motion to continue a hearing shall be filed at least seven business days prior to the date set for hearing except upon a showing of prospective settlement or exceptional cause.014.06Other Motions. Motions other than Motions for Stay or Continuance must be filed not less than ten business days prior to a scheduled hearing except upon a showing of exceptional cause.014.07Objections to Motions. If an opposing party objects to the granting of a motion, except those made during a proceeding, the objection shall be filed within five business days of the date the motion was served on them as shown in the certificate of service or within one business day prior to the scheduled hearing on the merits if the motion is mailed less than seven days prior to the hearing date.014.07A The Commission may grant or deny a motion for continuance without allowing time for objections.014.08Order for Hearing on a Motion. If a hearing on a motion is deemed necessary, an order for hearing and notice of hearing on the motion will be issued by the Chairperson of the Commission. 014.08A The Order for Hearing and Notice of Hearing on the motion 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.014.08B The Order for Hearing and Notice of Hearing on the motion may advise the parties of the following:014.08B1 The date, time, place, and manner of hearing.014.08B2 That all parties shall be present at the hearing within 15 minutes of the scheduled time and that an order may be entered against an absent party. 014.08B3 The deadline for submission of exhibits to the Commission and opposing parties.014.08B4 Other information or direction as the Chairperson may determine.014.09Consideration of a Motion. The Commission may, with or without a hearing, consider any motion or objection and grant or deny the motion.014.10Hearing on a Motion. The Commission may, in its sole discretion, hold a hearing on a motion by telephone or video conference. Hearings on motions are subject to these rules for conduct of a hearing and subject to the rules of evidence applicable to the Commission.014.11Delivery of an Order for Hearing on a Motion or Order after Consideration of a Motion. An order for hearing on a motion or an order after consideration of the motion 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 decision.014.12Motions Deemed Denied. Any motion, request, or other pleading requesting Commission action, if not heard, or if an order without hearing is not issued within 30 days of the date upon which the motion, request, or other pleading was filed with the Commission, is deemed to have been denied.442 Neb. Admin. Code, ch. 5, § 014
Amended effective 6/7/2021