51 Neb. Admin. Code, ch. 14, § 008

Current through September 17, 2024
Section 51-14-008 - Decision and order in a contested case
008.01 Every decision and order adverse to a party to the proceeding, rendered by the Board in a contested case, shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.
008.01AHearing Officer Recommendations. The hearing officer shall issue recommended findings of fact and conclusions of law and proposed order and shall file them with the Board, together with the transcript of hearing and record of the hearing. A copy of the recommendations of the hearing officer shall be served on all parties.
008.01BBoard Review. The Board shall review the recommendations of the hearing officer and may adopt the recommendations or modify them in whole or in part in rendering its decision and order. The Board may use a telephone conference call to meet to render a decision. (See Op. Neb. Att'y Gen. No. 99046 (November 15, 1999).
008.02 The decision and order should include:
008.02A. The name of the Board and name of the proceeding;
008.02B. The time and place of the hearing;
008.02C. The names of all parties or their attorneys who entered an appearance at the hearing;
008.02D. The findings of fact consisting of a concise statement of the conclusions upon each contested issue of fact;
008.02E. The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and
008.02F. The order consisting of the action taken by the Board as a result of the facts found and the legal conclusions arising therefrom.
008.02F1 If the Board orders the suspension or revocation of a license or permit, it shall be for a definite period of time fixed in the Order.
008.03 Parties to the proceeding shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his or her attorney of record.

51 Neb. Admin. Code, ch. 14, § 008