92 Neb. Admin. Code, ch. 85, § 004

Current through September 17, 2024

Section 92-85-004 - Hearings

004.01 Setting of Hearings

The Commissioner shall appoint a hearing officer to conduct the hearing on behalf of the Board and the hearing officer shall set the time and place for any hearing within 90 days from the receipt of the petition.

004.02 Continuances

The hearing officer may at any time order a continuance of a hearing on his or her own motion, so long as the hearing may be completed within 90 days from the receipt of the petition.

004.03 Consolidation

The hearing officer may order two or more petitions which are legally or factually related to be heard and considered together on a consolidated record, unless any petitioner makes a showing, sufficient to satisfy the hearing officer, that it would be prejudiced thereby.

004.04 Conduct of Hearings

The hearing will be an informal proceeding. Hearings will be conducted before a hearing officer appointed by the Commissioner on behalf of the Board. The hearing officer will recommend a decision to the Board. At the time of hearing:

004.04A The hearing officer shall open and close the proceedings, enter the notices of hearing into the record, take appearances, and rule on any other matter.

004.04B Reasonable opportunity shall be afforded representatives of all petitioners; affected ESUs, affected districts, other districts that are members of affected ESUs, county officials and Department officials to testify. The hearing officer, at his/her request and discretion, may also take testimony and receive exhibits from other persons. The hearing officer may set reasonable time limits on presentations and may limit repetitious testimony.

004.04C Informal procedures governing the conduct of hearings shall be subject to the discretion and the direction of the hearing officer, at the time of such hearings, unless otherwise specified in this chapter.

92 Neb. Admin. Code, ch. 85, § 004