Section 163-1-002 - Rules of practice and procedure for the conduct of public hearingsUnder the provisions of sections 84-901 to 84-920, R.R.S. 1999, the following rules and regulations are adopted and promulgated by the Nebraska Game and Parks Commission to govern the practice and procedure for the conduct of public hearings before said Commission, unless otherwise provided by law.
002.01 Public hearings prior to the adoption of regulations or adjudication of other matters requiring a public hearing within the purview of the Commission shall be conducted in the following manner. 002.01A The Commission may at any time on its own motion order any public hearing which the Commission is authorized, either by law or by inherent authority, to conduct and, after giving notice, conduct such hearing in the manner as hereinafter provided. Other meetings may be held as provided in section 37-104, R.R.S. 1998.002.01B Notice shall be given of all public hearings held by the Commission. Such notice shall be published at least once in a newspaper or newspapers of general circulation in the state. The publication shall be made at least 30 days prior to the date of the hearing. The published notice shall contain information as to the date, time, place and purpose of the hearing.002.01C The Chairman of the Commission or their designee shall serve as presiding officer over the hearing; however, the presiding officer shall, in all cases, be a member of the Commission.002.01D The presiding officer shall among other things, open the proceedings; enter into the record the notice given of the hearing, take appearances; accept and see that exhibits are properly numbered; answer questions asked or call upon other persons present to answer questions asked; and close the proceedings. The record in any hearing shall not be affected by any change of presiding officer during the conduct of that hearing.002.01E All testimony shall be under oath or affirmation unless the Commission shall consider such to be unnecessary. Evidence may consist of any oral or written question, statement or testimony and any document.002.01F Evidence at a public hearing will ordinarily be received in the following sequence: (1) Commission members and staff; (3) other state agencies; (4) political subdivision; (5) all other persons in the order as the presiding officer shall at their discretion choose unless the Commission shall vote, in view of the nature of the matter being heard, to alter this sequence as may be necessary. All persons shall be given the opportunity to be heard on matters relevant to the business and purpose of the hearing.002.01G Each person presenting evidence at a hearing shall first state their full name and address, and declare whether they are appearing on their own behalf or on behalf of another person or organization, and if they are representing another, such person or organization represented shall be named.002.01H All evidence presented at the hearing is to be directed at the business and purpose of such hearing. Any evidence not directed at the business and purpose of the hearing, or which is cumulative or repetitive, shall, at the request of the presiding officer, be terminated and excluded from the record. Unless otherwise required by law, strict legal rules of evidence shall not be adhered to, and the presiding officer may admit as evidence any testimony or material which a prudent and reasonable person would consider in the conduct of the important affairs of their business or personal life. Cross examination of any witness may be permitted by the presiding officer.002.01I In addition to statements and evidence presented by any other person, the Commission may, through, the Commission staff or otherwise, secure and present such statements and evidence as it may consider necessary or desirable. Evidence shall include a copy of notice given for the public hearing and a statement explaining the business and purpose of the hearing.002.01J A record shall be made of the hearing proceedings, with the evidence presented being a part thereof. Such record may consist of written statements and any other documentary evidence with tape recordings of oral evidence or transcripts as deemed necessary by the Commission.002.01K The record of public hearings may be held open at the discretion of the presiding officer for submission of any evidence not available or presented at the time of the hearing. At the designated time the hearing shall be closed by the presiding officer after the inclusion of any evidence submitted and accepted.002.01L All hearings before the Game and Parks Commission shall be held at regular or special meetings of the Game and Parks Commission as defined in section 37-104, R.R.S. 1998. A quorum of the Game and Parks Commission as defined in the above listed statute shall constitute a quorum for the conduct of a public hearing and no public hearings shall be held in the absence of such a quorum.002.01M When necessary, members of the Game and Parks Commission may testify or present information at any public hearing before said Commission.002.01N The Commission may, in regular or special meeting following the closing of a public hearing, decide contested questions, adopt regulations, or take such other action as is appropriate by the usual method of a majority vote of a quorum of the Commission.002.02 Subpoenas requiring the attendance of witnesses will be issued by Secretary of the Commission on written application of any party, or on order of the Commission. The subpoena shall be served in the manner provided by law. Any witness who is summoned and responds thereto is entitled to the same fee as is paid for like services in the District Courts of Nebraska, such fee to be paid by the party at whose instance the witness's testimony is to be taken.002.03 The Chairman and the Secretary have, by joint agreement, the authority, when the Commission is not in session, to postpone or delay a hearing for good cause shown in writing as to why the hearing should not be held on date set.163 Neb. Admin. Code, ch. 1, § 002