97 Neb. Admin. Code, ch. 10, § 004

Current through September 17, 2024
Section 97-10-004 - Pre-Conference Hearing Procedures
004.01 Stipulations

It is expected that all parties prior to the hearing will stipulate to evidence to the fullest extent to which complete or qualified agreement can be reached including all material facts that are not or should not fairly be in dispute.

004.02 Pre-Trial Conferences

Any party may request that an informal conference be held with a view to resolving issues of fact or otherwise assisting in preparation for a formal hearing or possible disposition of the case in whole or in part without a hearing. Said conference shall take place in the presence of the Hearing Examiner in the office of the Board of Educational lands and Funds, unless otherwise agreed.

004.03 Motions

The Hearing Examiner shall entertain only the following motions prior to the hearing:

1. Motion for continuance
2. Motion for dismissal
3. Motion for disqualification of Hearing Officer

While the above listed motions must be heard by the Hearing Examiner, other motions may be heard upon agreement by the parties. All motions prior to hearing will be heard in the office of the Board of Educational Lands and Funds, unless otherwise agreed.

004.04 Filing of Motions And Notice

All motions prior to hearing will be filed in the office of the Board of Educational Lands and Funds and notice given to all interested parties by registered or certified mail, return receipt requested, and must give a minimum of seven days notice prior to hearing on the motion. All motions must be filed at least 14 days prior to the date of the published hearing. No motion, other than a Motion for Continuance, may be heard prior to hearing if not filing at least 14 days prior to the date of the hearing.

97 Neb. Admin. Code, ch. 10, § 004