Section 51-14-006 - Prehearing Procedures006.01 Prehearing conferences and orders A hearing officer designated to conduct a hearing may determine, subject to the Board's rules and regulations, whether a prehearing conference will be conducted. If a prehearing conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
006.01A. If a prehearing conference is conducted: 006.01A1. The hearing officer shall promptly notify the Board of the determination that a prehearing conference will be conducted. The Board may assign another hearing officer for the prehearing conference; and006.01A2. 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 petitions to intervene in the matter. The Board shall give notice to other persons entitled to notice.006.01A3. The notice referred to in subsection 006.01A 2 shall include the following: telephone number of the hearing officer for the prehearing conference; 006.01A3(a). The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;006.01A3(b). The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the Board;006.01A3(c). The official file or other reference number, the name of the proceeding, and a general description of the subject matter;006.01A3(d). A statement of the time, place, and nature of the prehearing conference;006.01A3(e). A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;006.01A3(f). The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference; 006.01A3(g). A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of a contested case or who fails to make a good faith effort to comply with a prehearing order may be held in default under the Administrative Procedure Act; and006.01A3(h). Any other matters that the hearing officer considers desirable to expedite the proceedings. 006.01B. The hearing officer shall conduct a prehearing conference, as may be appropriate, to deal with such matter as exploration of settlement possibilities, 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. The hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.006.01C. 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, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.006.02 Discovery in contested cases. 006.02A. The hearing officer or a designee, at the request of any party or upon the hearing officer's own motion, may issue subpoenas, discovery orders, and protective orders in accordance with the rules of civil procedure except as may otherwise be prescribed by law.. In case of the disobedience of any person in complying with any order of the Board, or a subpoena issued by the Board or any of its members, or on the refusal to testify to any matter regarding he or she may be lawfully interrogated, the judge of any district court of the county in which the person resides, on application by any member of the Board, shall compel obedience by attachment proceedings as for contempt, as in the case of the disobedience of a subpoena issued from such court or a refusal to testify therein.006.02B. Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall: 006.02B1. Quote the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena or excerpt of a deposition;006.02B2. State the reasons supporting the motion;006.02B3. Be accompanied by a statement setting forth the steps or efforts made by the moving party or his or her counsel to resolve by agreement the issues raised and that agreement has not been achieved; and006.02B4. Be filed with the Board. The moving party must serve copies of all such motions to all parties to the contested case.006.02C. Other than is provided in subsection 006.02B 4 above, discovery materials need not be filed with the Board.006.03 Continuances 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. 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.
006.03A.Good cause 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; or006.03A3. Settlement negotiations are underway.006.04 Amendments 006.04A. A petition may be amended at any time before an answer is filed or is due if notice is given to the respondent or his or her attorney. In all other cases, a petitioner must request permission to amend from the hearing officer.006.04B. A hearing officer may also allow, in his or her discretion, the filing of supplemental pleadings alleging facts material to the case occurring after the original pleadings were filed. A hearing officer may also permit amendment of pleadings where a mistake appears or where amendment does not materially change a claim or defense.006.05 Informal Disposition Unless otherwise precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
006.06 Motions Motions shall be in writing, shall state briefly the action or relief being sought and shall include the grounds for the motion. Motions shall be filed with the Board at its official office and a copy mailed or personally delivered to the hearing officer and to the other party or parties. If the party making the motion wishes to be heard, a request for argument should be included in the motion. A hearing officer may decide all motions with or without argument, but when argument is had, will notify the parties of the time and place to appear.
006.07 Witness Fees Each witness who shall appear in obedience to a subpoena before the Board shall receive for his or her attendance the fees provided for witnesses in civil cases in the district court of this state and mileage at the rate provided in section 81-1176 for state employees, which shall be paid upon the presentation of proper vouchers, approved by any two members of the Board.
51 Neb. Admin. Code, ch. 14, § 006