Section 249-1-012 - PREHEARING CONFERENCE PROCEDURES012.01Prehearing conferences and orders.A hearing officer designated to conduct a hearing may determine, subject to the agency's rules and regulations, whether a prehearing conference will be conducted. If a prehearing conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
012.01A If a prehearing conference is conducted: 012.01A1 The hearing officer shall promptly notify the agency of the determination that a prehearing conference will be conducted. The agency may assign another hearing officer for the prehearing conference; and012.01A2 The hearing officer for the prehearing conference shall set the time and place of the conference and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. The agency shall give notice to other persons entitled to notice.012.01A3 The notice referred to in subsection 012.01A2 shall include the following: 012.01A3(a) The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;012.01A3(b) The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the agency;012.01A3(c) The official file or other reference number, the name of the proceeding, and a general description of the subject matter;012.01A3(d) A statement of the time, place, and nature of the prehearing conference;012.01A3(e) A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;012.01A3(f) The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference;012.01A3(g) A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of a contested case or who fails to make a good faith effort to comply with a prehearing order, may be held in default under the Administrative Procedure Act; and012.01A3(h) Any other matters that the hearing officer considers desirable to expedite the proceedings.012.01B The hearing officer shall conduct a prehearing conference, as may be appropriate, to deal with such matter as exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. The hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.012.01C The hearing officer may conduct all or part of the prehearing conference by telephone, television, or other electornic means if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.249 Neb. Admin. Code, ch. 1, § 012