97 Neb. Admin. Code, ch. 10, § 006
The Hearing Examiner may admit and give probative effect to evidence which possesses probative value commonly accepted among reasonable prudent men in the conduct of their own affairs. Incompetent, irrelevant, immaterial and unduly repetitious evidence may be excluded.
A copy of any book, record, paper or document may be offered directly in evidence in lieu of the original, where the original is unavailable or where there is not objection; and where the original is admitted in evidence, a copy may be substituted later for the original or such part thereof as may be material or relevant upon leave granted in the discretion of the Hearing Examiner.
Exhibits attached to a stipulation or entered in evidence which are offered by a petitioning lessee shall be numbered serially; whereas, those offered by the Board of Educational Lands and Funds shall be lettered serially; and those offered jointly shall be numbered and lettered serially.
After a final order has been rendered by the Board of Educational Lands and Funds, either party desiring the return, at his own expense, of any exhibits belonging to him shall make application in writing to the Hearing Examiner within thirty days thereof suggesting a practical manner of delivery; otherwise, exhibits may be disposed of as the Hearing Examiner deems advisable.
The Hearing Examiner may take notice of judicially recognizable facts and of general, technical, or scientific facts within the specialized knowledge of the Hearing Examiner. Parties to a proceeding shall be notified either before or during the hearing of facts so notice and shall be afforded an opportunity to contest such facts.
Except as provided by these regulations, the Hearing Examiner shall not consider factual information or evidence in the determination of any proceeding unless the same shall have been offered and made a part of the record in the proceeding.
Every party to said hearing shall have the right to present evidence and testimony of witnesses and to cross-examine any witness who testifies in behalf of an adverse party. Opportunities shall be afforded every party to present evidence and testimony as rebuttal to evidence presented by another party, except that repetitious evidence shall be excluded.
Any party may request that the proceeding be bound by the rules of evidence applicable in a District Court of Nebraska. Such party shall file with the Hearing Examiner, at least 14 days prior to the date of the scheduled hearing, a written request that the hearing be so conducted.
The petitioning lessees may request and obtain a certified copy of the record of the hearing. Charges for preparing the certified copy of the record shall be paid by the party requesting it. The official record will consist of the Court Reporter's record and all exhibits received in evidence.
97 Neb. Admin. Code, ch. 10, § 006