138 Neb. Admin. Code, ch. 3, § 005 - Motions and Objections

3.005.01 Motions and Objections During Hearing

All motions and objections made during a public hearing shall be stated orally on the record and shall, with the rulings on such motions or objections by the Hearing Officer conducting the hearing, be included in the stenographic transcript of the hearing.

3.005.02 Motions Before or After Hearing

All motions other than those made during a hearing shall be in writing and shall state briefly the order or relief applied for and the grounds for such motion. Any such motion shall be filed with the Commission and the Hearing Officer, and a copy thereof shall be served at the same time, personally or by certified mail, by the party making the motion upon the other party or parties. Answering statements, if any, shall be filed in writing with the Commission and the Hearing Officer, within three (3) days (exclusive of Saturdays, Sundays, and official State holidays) after service of the motion upon the party filing the answering statement, and a copy thereof shall be served within the same period upon the other party or parties. All motions shall be decided by the Hearing Officer, without oral argument thereon, unless it is determined by the Hearing Officer that oral arguments will be heard, in which case the parties shall be notified of such fact and of the time and place for such oral argument. The Commission shall arrange for a stenographic transcript, which, together with the written motion and the written answering statement, if any, and the ruling thereof of the Commission or Hearing Officer conducting the hearing, shall constitute a part of the official record of the proceedings.

Notes

138 Neb. Admin. Code, ch. 3, § 005

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