Section 141-2-004 - Complaint; Notice of Public Hearing; Answer004.01 Issuance and Service of Complaint and Notice of Public HearingIn case of a determination by the Commission of failure to settle or adjust a charge by conciliation or in case of a determination by the Commission that the respondent has violated or is violating the terms of settlement and adjustment reached in a conciliation conference and the Order entered pursuant thereto, the Commission shall promptly issue and serve upon the respondent, by personal service, or by registered or certified mail, a written complaint, under oath or affirmation, together with a notice of public hearing. A copy of such written complaint and notice of public hearing shall at the same time and in the same manner be served upon all other parties.
004.02 Contents of Complaint The complaint shall be signed by any member of the Commission or by the Executive Director, and shall also be signed by the complainant, her or his agent, or her or his attorney, under oath or affirmation, and shall contain:
004.02A An allegation that the charge of an alleged discriminatory public accommodations practice or practices was timely filed with the Commission and properly served upon the respondent.004.02B An allegation that the respondent committed a discriminatory public accommodations practice or practices, substantially as alleged in the charge filed with the Commission.004.02C A statement of the relief sought on behalf of the complainant.004.03 Contents of Notice of Public HearingThe notice of public hearing shall contain:
004.03A The name of the Hearing Examiner who shall conduct such hearing; or in lieu thereof, a statement that the public hearing will be conducted by a Hearing Examiner to be designated subsequently by the Commission and that all parties to the proceeding will be notified in writing of the name of the Hearing Examiner so designated at least ten (10) days prior to the date of the public hearing.004.03B The date and hour of the public hearing, which shall not be less than twenty (20) nor more than sixty (60) days after issuance and service of the complaint. 004.03C The place of hearing, which shall be at a place reasonably convenient for the parties; and in any event shall be in the county where the discriminatory public accommodations practice or practices were alleged to have occurred.004.03D A statement advising both the complainant and the respondent of her or his right to appear and be represented in such hearing in person and/or by her or his attorney.004.03E A statement advising the respondent of her or his right to file an answer to the complaint in accordance with these Rules and Regulations.004.04 AnswerThe following shall govern with respect to answers to complaints:
004.04A Time of filing. The Respondent may file an answer to the complaint within fifteen (15) days after the date of service of the complaint. Upon application in writing made to the Chairman prior to the end of said fifteen (15) day period, the Chairman may, for good cause shown, extend the time in which the answer may be filed.004.04B Place and Manner of Filing. The answer shall be filed in duplicate at the office of the Commission in which the original charge was filed, by personal delivery or by certified or registered mail; and at the same time the party filing the answer shall similarly serve a copy of such answer on all other parties and upon the Hearing Examiner if one has been appointed. Proof of service upon the Hearing Examiner if one has been appointed. Proof of service upon the other party or parties and the Hearing Examiner, if one has been appointed shall accompany the copies of the answer filed with the Commission. 004.04C Form. The answer shall be in writing, with the original signed under the oath or affirmation of the respondent or the respondent's attorney, and shall contain (1) the correct name and post office address of the respondent; (2) the correct name, post office address and telephone number of the respondent's attorney, if respondent is represented by an attorney; (3) a specific denial of each and every allegation of the complaint controverted by the respondent or a denial of any knowledge or information sufficient to form a belief, or a statement of any matter constituting a defense against any allegation in the complaint.004.04D Failure to Deny Allegation. Any allegation in the complaint which is not denied or admitted in the answer, unless the respondent shall state in the answer that she or he is without knowledge or information sufficient to form a belief, shall be deemed admitted.004.04E New Matter in Answer. Any allegation of new matter contained in the answer shall be deemed denied by the complainant without the necessity of a reply being filed, unless otherwise ordered by the Commission.004.04F Failure to File Answer. Notwithstanding any failure of the respondent to file an answer, the Hearing Examiner shall conduct the hearing at the time and place specified in the notice of hearing; and it shall be the responsibility of the Hearing Examiner conducting the hearing to attempt to elicit on the record the respondent's answer to each and every allegation contained in the complaint.004.05 Amendment of Complaint and AnswerThe following shall govern with respect to the amendment of the complaint and answer:
004.05A Amendment of Complaint. At any time prior to the public bearing, the complainant may, by written request directed to the Commission, or any member thereof, or to the Hearing Examiner if one has been appointed, ask leave for amendment of the complaint, and shall at the same time specify the particular amendments to the complaint requested by the complainant. Prior to the issuance of any amended complaint hereunder, the Commission, or the member thereof or the Hearing Examiner granting leave to amend, as the case may be shall give to all parties to the proceeding at least three (3) days (exclusive of Saturdays, Sundays and official State holidays) advance written notice thereof. Copies of any amended complaint shall be filed with the Commission and served on all parties to the proceedings and upon the Hearing Examiner if one has been appointed. During a public hearing, with the consent of the Hearing Examiner, a complaint may be amended to conform to the evidence presented at the hearing.004.05B Amendment of Answer. At any time prior to the public hearing, the respondent shall have the right to amend the answer to the original or amended complaint, as the case may be, by giving at least three (3) days (exclusive of Saturdays, Sundays and official State holidays) advance written notice to the Commission, or any member of the Commission or to the Hearing Examiner if one has been appointed. Copies of such notice shall be served at the same time on all parties to the proceeding in the manner and form provided for in section 2.004.04 of these Rules and Regulations. During a public hearing, with the consent of the Hearing Examiner, an answer may be amended to conform to the evidence presented at the Hearing. 004.05C Form of Amended Complaint and Answer. The original of all amended complaints and amended answers shall be in writing under oath or affirmation, and shall conform to and be served in accordance with the requirements of section 2 - (4) of these Rules and Regulations, except as otherwise provided by this section 2.004.05. 141 Neb. Admin. Code, ch. 2, § 004