Section 260-1-005 - Conduct of Public Hearings005.01Calling Public Hearings. The Commission may at any time on its own motion order any public hearing that 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.005.02Notice. Notice will be given of all public hearings held by the Commission. Except as otherwise specified by law, such notice will be published at least once in a newspaper or newspapers of general circulation in the area or areas affected by the business of the hearing, and the publication will be made at least five days prior to the date of the hearing. The published notice will contain information as to the date, time, place, and purpose of the hearing. When a hearing or series of hearing s is for a purpose of statewide interest, notice will be sufficient if published in a newspaper of general circulation.005.03Presiding Officer or Hearing Officer. The Chair of the Commission or his or her delegate will serve as presiding officer over the hearing; however, the presiding officer must, in all cases, be a member of the Commission. The presiding officer may appoint a hearing officer for the purpose of assisting in the conduct of the hearing.005.04Powers of Officer. The presiding officer or hearing officer will, among other things, open the Proceedings; enter into the record the notice given of the hearing; take the appearances; accept and assure that exhibits are properly numbered; answer questions asked or call upon other persons present to answer questions asked; and close the Proceedings. The presiding officer and hearing officer have no power, acting alone, to take any action involving a final determination. The record in any hearing will not be affected by any change of presiding officer or hearing officers during the conduct of that hearing.005.05Receipt of Information. Information at a public hearing will ordinarily be received in the following sequence: (1) Commission member and/or support staff;(4) political subdivisions;(5) all other persons in the order as the presiding or hearing officer may in his/her discretion choose. All persons will be given the opportunity to be heard on matters relevant to the business and purpose of the hearing.005.06Presentation of Information. All persons presenting information at a hearing must 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, in which case such person or organization represented must be named.005.07Propriety of Information. All information presented at the hearing is to be directed at the business and purpose of such hearing.005.08Support Staff Information. In addition to statements and other information presented by any other person, the Commission may, through the support staff or otherwise, secure and present such information as it may consider necessary or desirable. Information will include a copy of notice given for the public hearing and a statement explaining the business and purpose of the hearing.005.09Record Made. A record will be made of the Proceedings with the information presented being a part thereof. Such record may consist of written statements and any other documentary information along with recordings of oral statements or such transcripts as deemed necessary by the Commission.005.10Record Held Open. The record of public hearings may be held open at the discretion of the presiding or hearing officer for submission of any information not available or presented at the time of the hearing. 260 Neb. Admin. Code, ch. 1, § 005
Amended effective 7/28/2021Amended effective 6/27/2022 STATUTORY AUTHORITY: Neb. Rev. Stat. § 2-1501; § 61-204