250 Neb. Admin. Code, ch. 3, § 016 - EVIDENCE

016.01 Admissible Evidence.

Any evidence shall be deemed admissible in a hearing that would be admissible in civil proceedings under the laws of the State of Nebraska. In addition, the hearing officer may, within his or her discretion, admit evidence possessing probative value in any form commonly accepted by reasonably prudent men in the conduct of their affairs.

016.01A Secondary Evidence. Pursuant to the foregoing provision, secondary evidence or copies of documents may be admitted.

016.01B Privileged Evidence. In all such hearings, effect shall be given to the rules of privilege recognized by the District Courts of the State of Nebraska.

016.01C Incompetent or Irrelevant Evidence; Exceptions. Incompetent, irrelevant, cumulative, or immaterial evidence may be excluded. Where proper objection is made to the admission of any evidence, the party making the objection shall be deemed to have taken exception to any adverse ruling and formal exceptions are not necessary.

016.02 Records of Department.

Records and documents in the possession of the Department may be received in evidence in the form in which the same are kept, and without certification. The records and documents shall be afforded in evidence and made a part of the record in the case.

016.03 Cross-examination.

Each party shall have a right of cross-examination of all witnesses who testify.

016.04 Official Notice.

In the conduct of a hearing, the hearing officer may take official notice of such facts as would be so noticed by the District Courts of Nebraska, and may take notice of general technical or scientific facts within the specialized knowledge of the Department and Rules and Regulations promulgated by agencies of the State of Nebraska.

016.04A Notice of Technical or Scientific Facts. Parties to the proceedings shall be notified before or during the hearing of specialized technical or scientific facts to be so noticed, and opportunity afforded to contest such noticed facts.

016.05 Informal Hearings/Rules of Evidence.

Hearings shall be conducted informally unless a party makes a written request that the rules of evidence be applied in the conduct of the hearing. The written request for the application of the rules of evidence shall comply with Neb. Rev. Stat. § 84-914 and shall be received by the Department at least three (3) days before the holding of the hearing. In its request the party requesting the rules of evidence shall agree to be liable for payment of the costs incurred thereby, including the cost of a court reporting service which the requesting party shall procure for the hearing.

Notes

250 Neb. Admin. Code, ch. 3, § 016