141 Neb. Admin. Code, ch. 3, § 004

Current through September 17, 2024
Section 141-3-004 - Testimony and Other Evidence
004.01 All testimony taken at the hearing shall be under oath or affirmation.
004.02 All testimony, so far as practicable, shall be subject to the same rules of evidence as are applicable in courts of record in the State of Nebraska.
004.03 Testimony or evidence may be given or received in a public hearing concerning endeavors to settle and adjust the alleged discriminatory public accommodations practice by conciliation.
004.04 Written stipulations may be introduced in evidence if signed by the attorneys of the parties sought to be bound thereby, or by any party personnally if that party is not represented by an attorney. Oral stipulations may be made on the record of any public hearing.
004.05 The respondent shall have the right either in person and/or by her or his attorney to be present at the public hearing; to call, examine and cross-examine witnesses; and, subject to the provisions of the Act, and of these Rules and Regulations, to introduce documentary and other evidence into the record of the proceedings.

At the discretion of the Hearing Examiner, the complainant may be allowed to intervene and present testimony in person or by counsel.

004.06 The Commission shall arrange for a record of the proceedings in any public hearing to be made, transcribed and filed in the Lincoln office of the Commission. Any such record will be available for examination by the public at reasonable times in the Lincoln office if written request is made at least seventy-two (72) hours (exclusive of Saturdays, Sundays and official State holidays) in advance unless the record has been filed with the court as the result of an appeal proceeding.

141 Neb. Admin. Code, ch. 3, § 004