Section 442-5-029 - Show Cause HearingsThe Chairperson may issue an order to show cause why a proposed order should not be entered when he or she determines that a proposed order should be considered by the Commission.
029.01Order for Hearing and Notice of Hearing. An Order to Show Cause and Notice of Hearing shall be issued. This order shall direct the parties to be present in person, by videoconference, or by telephone on the hearing date at the time and in the manner shown, to show cause why the Commission should not enter an order as proposed in the Order to Show Cause and Notice of Hearing.029.02Service of Order to Show Cause and Notice of Hearing. A copy of the Order to Show Cause and Notice of Hearing shall be served on all parties through the United States Postal Service by certified mail, postage prepaid; a return receipt may be requested. 029.02ARefusal of Service. If delivery of service by certified mail, postage prepaid, is refused by the party to whom service is directed, a reasonable attempt at service is deemed to have been made.029.02BInability to Serve. If service by certified mail, postage prepaid, is returned by the United States Postal Service as undeliverable or as unclaimed, a reasonable attempt at service is deemed to have been made. 029.03 If a party to a proceeding at a show cause hearing does not appear within fifteen minutes of the time for hearing, the proposed order may be issued if the record demonstrates that notice has been provided to the party against whom the Order to Show Cause is issued, or a reasonable attempt to provide notice has been made.029.04 The parties, at the show cause hearing, shall be afforded an opportunity to show cause, through evidence and argument, why the proposed order should or should not be entered by the Commission. 029.05 The provisions of this rule are not applicable to show cause hearings held pursuant to Chapter 9, Equalization Duties, of these rules.442 Neb. Admin. Code, ch. 5, § 029
Amended effective 6/7/2021