Section 454-7-009 - HEARING OFFICER; CRITERIA009.01. The Department may delegate to a Hearing Officer the functions of conducting a prehearing conference and/or a hearing and submitting a recommended decision to the Director.009.02. A person who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as Hearing Officer or assist or advise a Hearing Officer in the same proceeding except as provided in subsection 009.04.009.03. A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as Hearing Officer or advise a Hearing Officer in the same proceeding except as provided in subsection 009.04.009.04. If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a Hearing Officer in the preparation of orders.009.05. A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as Hearing Officer or assist or advise a Hearing Officer in the same proceeding.009.06. A person may serve as Hearing Officer at successive stages of the same contested case.454 Neb. Admin. Code, ch. 7, § 009
Amended effective 8/19/2023