Section 192-2-005 - Hearing Officer: Criteria005.01. The Director shall appoint a hearing officer selected pursuant to 006 to conduct a prehearing conference and/or a hearing and submit a decision to the Director and the parties.005.02. A person who has served as investigator, prosecutor, mediator or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding.005.03. A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or advise a hearing officer in the same proceeding.005.04. A person who is an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education) may not serve as a hearing officer.005.04A. A person shall not be considered to be an employee of a public agency solely because the person is paid by NCBVI to serve as a hearing officer.005.05. A member of the governing Board established pursuant to 29 U.S.C. 721 may not serve as a hearing officer.005.06. A person who has been involved previously in the vocational rehabilitation of the applicant or recipient who is the subject of the hearing may not serve as a hearing officer.005.07. A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.005.08. A person may serve as hearing officer at successive stages of the same contested case.005.09. A hearing officer shall have knowledge of the delivery of vocational rehabilitation services for the blind and visually impaired, NCBVI State Plan for Vocational Rehabilitation Services, and the federal and state rules governing the provision of such services, and training with respect to the performance of official duties,005.10. A hearing officer shall have no personal or financial interest that would be in conflict with the objectivity of the individual.192 Neb. Admin. Code, ch. 2, § 005
Amended effective 7/2/2019