49 Neb. Admin. Code, ch. 2, § 009 - PREHEARING PROCEDURES

Current through December 27, 2021

009.01 In the case of an application for a charter, certificate or license filed pursuant to Sections 8-120, 8-201, 8-331, 8-372, 8-403, or 21-1725.01, for which a protest has been filed, a prehearing conference will be held at the Department's main office at least seven days prior to the date of the hearing, unless all parties agree to waive the prehearing conference. In all other application hearings, the Director or a hearing officer designated to conduct a hearing may determine whether a prehearing conference will be conducted. If a prehearing conference is not held, the Director or the hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.

009.02 If a prehearing conference is conducted:

009.02A The hearing officer shall promptly notify the Department of the determination that a prehearing conference will be conducted. The Director may assign another hearing officer for the prehearing conference.

009.02B The hearing officer for the prehearing conference shall set the time and place of the conference and give reasonable written notice to all parties and to all persons who have filed written protests in the matter. The Department shall give notice to other persons entitled to notice.

009.02C The notice referred to in Section 009.02B of this Rule shall include the following:

009.02C1 The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;

009.02C2 The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the Department;

009.02C3 The name of the proceeding, and a general description of the subject matter;

009.02C4 A statement of the time, place, and nature of the prehearing conference;

009.02C5 A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;

009.02C6 The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference;

009.02C7 A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of the application case or who fails to make a good faith effort to comply with a prehearing order may be held in default under the APA; and

009.02C8 Any other matters that the hearing officer considers desirable to expedite the proceedings.

009.03 The hearing officer shall conduct a prehearing conference, as may be appropriate, to deal with such matters as preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. All parties must lay foundation for all their exhibits, except rebuttal exhibits; all objections to the admissibility other than relevancy, must be made; and an outline or synopsis of the evidence relative to each of the items required for the relevant application set forth in Title 49, Chapter 3 of the Nebraska Administrative Code must be submitted.

009.03A The hearing officer may issue a prehearing order incorporating the matters determined at the prehearing conference.

009.03B The hearing officer may, if there is not sufficient time for adequate written notice to the parties prior to the hearing, provide oral notice to the parties at the close of the pre-hearing conference of the matters determined at the pre-hearing conference. Such oral notice shall be made on the record, if the prehearing conference is recorded.

009.04 The hearing officer may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity to participate in the entire proceeding while it is taking place.

Notes

49 Neb. Admin. Code, ch. 2, § 009