97 Neb. Admin. Code, ch. 10, § 002

Current through September 17, 2024

Section 97-10-002 - Hearing Examiner

002.01 Appointment of Hearing Examiner

Upon receipt of a petition filed pursuant to Section 72-205.02, R.S., Neb., 1943, (Reissue of 1971), the Board of Educational Lands and Funds shall appoint a Hearing Examiner to administrate, conduct, and preside over all proceedings initiated by the petitioning lessees. The Board shall have discretion to appoint the same Hearing Examiner for all petitioned hearings or may appoint a separate Hearing Examiner for each individual hearing. It shall be within the discretion of the Board of Educational Lands and Funds to appoint as Hearing Examiner whomsoever they believe can serve in said capacity in an efficient and competent manner.

002.02 Compensation of Hearing Examiner

The Board of Educational Lands and Funds may appoint an Examiner not presently under the payroll of the Board; and in the event such an individual should be appointed, his compensation will be agreed upon prior to his appointment. In the event the Board should appoint an individual to act as Hearing Examiner who is already within their employ, said individual shall serve without compensation.

002.03 Oath

All testimony presented before the Hearing Examiner shall be given under oath which the Hearing Examiner will have the authority to administer.

002.04 Subpoena

When a subpoena is desired, the proper party shall indicate to the Hearing Examiner the names and the last known addresses of the witnesses to be called. If evidence other than oral testimony is required, each item to be produced must be adequately described. All requests for subpoena shall be directed to the attention of the Hearing Examiner no less than fourteen (14) days prior to the published date of said hearing. The Hearing Examiner shall issue subpoena as requested and mail the same to the party so requesting within seven days of receipt of request therefore. Service may be made either by mailing a copy thereof by registered or certified mail, return receipt requested, not less than three days before the hearing date of the cause which the witness is required to attend or, personally, by any person not interested in the action. No costs for serving a subpoena will be allowed.

002.05 Notice of Hearing

It shall be the duty of the Hearing Examiner to ascertain that the notice of hearing is properly published in accordance with Nebraska Statutes.

002.06 Further Duties of Hearing Examiner

The Hearing Examiner shall:

002.06A Establish a date and a place within the County of the petitioning lessees and shall provide for notice of such time and place by publication in a legal newspaper, published in the County where such school lands are situated, once each week for two consecutive weeks beginning at least twenty days prior to the date of the public hearing.

002.06B The Hearing Examiner shall conduct any and all pretrial conferences as provided by these rules of practice and procedure.

002.06C The Hearing Examiner shall preside at the hearing, will open the proceedings, will acknowledge the appearance of counsel, will hear the evidence and rule on motions and objections, may interrogate witnesses, and will close the proceedings.

002.06D If the petitioning lessees are not represented by legal counsel, the Hearing Examiner shall explain to the petitioning lessees the rules of practice and procedure, and generally shall conduct the hearing in a less formal manner than when the petitioning lessees are represented by legal counsel. It should be the purpose of the Hearing Examiner to assist the petitioning lessees who appear without such representation to the extent necessary to allow them to fairly present their evidence, testimony, and arguments on the issues.

002.06E The Hearing Examiner shall compile a complete record of all testimony taken and evidence received at said hearing, which record shall be filed in the office of the Board of Educational Lands and Funds. All proceedings shall be recorded by a court reporter and a permanent record thereof shall be made. All costs involved In producing the original copy shall be divided between the petitioning lessees and the Board of Educational Lands and Funds. Any additional copies requested by either party will be paid by the party so requesting.

002.06F The Hearing Examiner conducting said hearing shall make, in writing, complete findings and recommendations to the Board as to the value of school lands according to classification.

97 Neb. Admin. Code, ch. 10, § 002