138 Neb. Admin. Code, ch. 3, § 008 - Recommended Order and Decision

3.008.01 Preparation and Service of Recommended Order and Decision

Following the taking of testimony, the hearing of oral arguments and the consideration of briefs, filed by the parties, the Hearing Officer conducting the public hearing shall have prepared and served upon the Commission and all parties to the proceedings, personally or by certified mail, a written and signed Recommended Order and Decision.

3.008.02 Recommended Order and Decision Requirements

The Recommended Order and Decision shall include:

3.008.02A The Hearing Officer's findings of fact based upon, and limited to, the testimony and other evidence in the record of the public hearing and upon evidence of which judicial notice may be taken by course of record in the State of Nebraska.

3.008.02B The Hearing Officer's determination as to whether or not a preponderance of the evidence sustains the complaint.

3.008.02C A Recommended Order of dismissal of the complaint, if it is the Hearing Officer's determination that a preponderance of the evidence does not sustain the complaint.

3.008.02D If it is the Hearing Officer's determination that a preponderance of the evidence does sustain the complaint, a Recommended Order is issued requiring the Respondent to cease and desist from the unlawful employment practice or practices complained of and to take such affirmative or other actions with respect to the complaint as will eliminate the effect of the unlawful employment practice or practices complained of, including but not limited to any one or more of the following: hiring; reinstatement to employment; upgrading or promotion; restoration of seniority and/or other service-accrued rights; admission or reinstatement to membership in a Respondent labor organization; admission or reinstatement to an apprenticeship program; the awarding of appropriate back pay, costs, and attorneys fees.

3.008.02E If a damage award is offset by unemployment insurance, the Respondent shall be responsible for contacting the Nebraska Department of Labor to determine if an overpayment in Unemployment Insurance benefits has been made to the Complainant. If an overpayment has been created, the Respondent shall be responsible for repayment to the Unemployment Insurance Trust Fund. The Commission Order shall advise the Respondent of this responsibility.

3.008.02F In any case to which Section 3.008.02 D is applicable, a provision for reasonable reports to the Commission of compliance with the Recommended Order and Decision may be required as part of a Recommended Order.

Notes

138 Neb. Admin. Code, ch. 3, § 008