49 Neb. Admin. Code, ch. 2, § 006 - SETTING OF HEARING

Current through December 27, 2021

006.01 Except as otherwise provided by statute, the Department shall automatically schedule a hearing on all applications referenced in Section 002.01 through 002.13 of this Rule. Hearings on applications referenced in Sections 002.14 through 002.30 of this Rule shall be scheduled if the Director determines the financial condition of an applicant warrants a hearing, if notice of the filing of an application has been published and substantive objections, if any, are timely filed with the Department, or if the Director otherwise determines a hearing would be appropriate.
006.02 The time and place of an application hearing will be set according to the following restrictions:
006.02A A hearing on an application for a bank charter will be set and notice given in accordance with Section 8-115.01.
006.02B A hearing on an application to organize a credit union shall be set and notice given in accordance with Section 21-1725.01.
006.02C A hearing on an application for a license to operate an installment loan company shall be set and notice given in accordance with Section 45-1006.
006.02D A hearing on an application filed pursuant to Section 8-403 or Section 8-403.01 will be set and notice given in accordance with Section 8-403.01.
006.02E A hearing on an application for a delayed deposit services business license shall be set and notice given in accordance with Section 45-907.
006.02F In the case of applications for charters, licenses or certificates filed pursuant to Sections 8-120, 8-201, 8-331, 8-372, 8-403, and 8-1510, the hearing date shall be at least 30 days after the date of the last publication of notice, and not more than ninety days after the filing of a substantially complete application, unless the applicant agrees to a later date.
006.02G In all proceedings for which there does not exist a statute or specific rule, setting forth procedure for publication, setting and notice of hearing, the procedure followed for hearing, notice and publication will be in accordance with Section 8-115.01.
006.03 Notwithstanding Sections 006.01 to 006.06 of this Rule, the hearing officer may, in his or her discretion, grant extensions of time or continuances of hearings upon the hearing officer's own motion or at the timely request of any party for good cause shown.
006.03A Good cause for an extension of time or continuance may include, but is not limited to, the following:
006.03A1 Illness of the party, legal counsel or witness;
006.03A2 A change in legal representation; or
006.03A3 Settlement negotiations are underway.
006.03B A party must file a written motion for continuance which states in detail the reasons why a continuance is necessary and serve a copy of the motion on all other parties to the proceedings or their attorneys.
006.03C Any party requesting a continuance may be required to submit affidavits in support of such requests.
006.03D Only under exceptional circumstances will requests for continuance of a hearing be considered unless submitted at least seven days prior to the hearing date.

Notes

49 Neb. Admin. Code, ch. 2, § 006

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