78 Neb. Admin. Code, ch. 1, § 007 - Hearing Procedures

Upon acceptance by the Commission of a contested case, as defined in Section 84-901(3) Reissued Revised Statutes of Nebraska, the following procedures shall be used for hearing:

007.01 Notice

All parties involved in contested cases shall be notified not less than 20 working days prior to the hearing.

007.02 Request for Hearing/Filing Procedures

The person requesting the hearing shall make the request in writing. The request shall be accompanied with the following documentation.

007.02A Full name, place of birth and date of birth of subject of criminal history record.

007.02B Copy of criminal history record in dispute.

007.02C Description of disputed point in record and description of what record should contain.

007.02D Copies of correspondence between agency holding disputed information and applicant.

007.02E Listing and description of any supplementary information or evidence to be considered in the hearing.

007.03 Continuances

Any person desiring a continuance shall, immediately upon receipt of notice of hearing or as soon thereafter as facts requiring such continuance come to his knowledge, notify the Director of the Nebraska Commission on Law Enforcement and Criminal Justice by letter or telegram as so desired, stating in detail the reasons why such continuance is necessary. For good cause, the Director may grant such a continuance and may at any time order a continuance on his own motion. Request for continuances, unless justified by exceptional circumstances, must be submitted seven days prior to the hearing date.

007.04 Conduct of Hearings

The hearing will be conducted by the Chairman of the Commissions Data Processing Committee or by hearing officer as the Chairman may designate. The Chairman or hearing officer will open proceedings, rule on motions and objections relating to testimony and evidence, interrogate any witness to ascertain additional facts, and close the proceedings. All parties may make opening and closing statements, if they so desire.

007.05 Transcripts

At the discretion of the Chairman, hearings may be recorded by a court reporter, recorded by tape recorder or by secretary in shorthand. Any person involved in the proceedings may request and obtain an official record of the proceedings, provided the request is in writing and delivered to the Director of the Commission at least five days prior to the date of hearing. Charge for preparing an official record will be paid by the party requesting it.

007.06 Findings

Upon completion of the hearing, the Data Processing Committee shall take the matter under advisement and shall subsequently make findings and enter an order in accordance with Section 84-915 R.R.S. 1943.

007.07 Appeal

Except as otherwise provided by law, any person may appeal the order given by the Data Processing Committee to the District Court in accordance with the provisions of Section 84-917 R.R.S. 1943, as amended.

007.08 Evidence

The chairman or hearing officer shall receive into record all evidence in accordance with the criteria in Section 84-914 R.R.S. 1943.

Notes

78 Neb. Admin. Code, ch. 1, § 007