142 Neb. Admin. Code, ch. 3, § 002
The Commission or its authorized agents may, at any time after a charge is filed, issue or cause to be served interrogatories on any person being investigated or proceeded against. Such interrogatories shall be relevant or material to the investigation of the charge, and shall pursue the presentation of evidence constituting part of the official record of the case on which a finding may be made.
In connection with any investigation of a charge, the Commission shall have at all reasonable times access to, for the purposes of examination, and the right to copy any records, books, payrolls, correspondence, documents, papers, or other evidence of any person being investigated or proceeded against that are relevant to the charge.
Whenever undertaking any action or investigation contemplated by Sections 48-1007 through 48-1009 of the Act, the Commission or its authorized agents may utilize any legal process available through the district courts of the State of Nebraska, not mentioned heretofore in these rules and regulations, to gain access to evidence, records, testimony and other evidence relevant to the action or charge under investigation. Such discovery and legal processes shall conform to the rules of the district courts for the State of Nebraska.
The Commission or the Commission staff may contact non-management persons employed by the Respondent or former management persons without notifying the Respondent or Respondent's attorney.
The Respondent is entitled to have a representative present during the interview of current management level employees. If a question exists as to whether an employee is a management level employee, the Commission shall make a determination as to the matter. In making the determination, the Commission shall consider a variety of factors, including but not limited to the employee's authority to hire, fire, discipline, assign tasks and make and implement policies.
Any Commission staff member who is a notary public may administer an oath or affirmation during the investigation of a charge.
All investigative interviews shall be recorded by Commission staff unless a written and/or verbal objection is made by one of the parties. Should such a written and/or verbal objection to the recording of an investigative interview be received by the Commission, the objected recording shall not be made. Recordings will be deleted nine (9) months after case with which the recordings are associated is dismissed by the Commission.
Where a subpoena is applied for and issued at the request of a party to the proceedings, the cost of service and witness and mileage fees associated with that subpoena shall be borne by the party at whose request it has been issued. Such witness and mileage fees shall be the same as are paid witnesses in the District Court of the State of Nebraska.
The testimony or deposition of any witness who resides outside the State of Nebraska or who, because of illness or any other reason, is unable to testify in an investigation may be taken within or without the State of Nebraska in the same manner as provided for in civil cases under the applicable law or laws of the State of Nebraska, as now in effect or hereafter amended. The transcript of any such testimony or deposition, when duly authenticated and filed with the Commission in any investigation, shall constitute a part of the official record of the case.
Any person who forcibly resists, opposes, impedes, intimidates, or interferes with the Commission or any of its duly authorized representatives while engaged in its, his or her duties under the Act shall be guilty of a crime and may be fined and/or imprisoned in accordance with Section 48-1005 of the Act.
After the charge has been filed and served on the Respondent, neither party, during the Commission's investigative process, is allowed to conduct their own formal investigation of the Commission's charge that would consist of the scheduling of depositions, the serving of interrogatories, or requests for production of documents on the opposing party outside of the Commission's investigation procedure. Any person who attempts to conduct such an investigation will be deemed to have interfered with the Commission's investigative process. This provision does not preclude Respondents from conducting an internal investigation, or participating in any lawful recognized tribunal.
142 Neb. Admin. Code, ch. 3, § 002