95 Neb. Admin. Code, ch. 1, § 005

Current through September 17, 2024

Section 95-1-005 - Evidence

005.01General Provisions

The hearing shall be conducted pursuant to the rules of evidence applicable to the district courts or Nebraska, unless mutually waived by the parties.

005.02Subpoenas, Discovery, and Witnesses

As provided in Section 84-914 R.R.S., the hearing panel may administer oaths issue subpoenas, compel the attendance of witnesses, and the production of any papers, books, accounts, documents, and testimony, and cause the depositions of witnesses residing either within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions in the district courts of Nebraska.

005.02ASubpoenas The use of subpoenas in proceedings before a hearing panel is governed by statutory procedures for issuance of subpoenas by district courts in Nebraska except as hereinafter provided.

005.02A1 A subpoena requiring the attendance of a witness shall be issued by the Commission through the Clerk of the Commission, or the chairperson of the hearing panel or appointed legal counsel, upon written application of any party.

005.02A2 Subpoenas for the production of accounts, books, documents, or Papers, will be issued by the Commission only upon written application by a party stating specifically which accounts, books, documents, or papers are required and the facts expected to be proved thereby. All parties directed to produce accounts books, documents, or papers shall furnish and deliver the same at the time and place specified in the subpoena.

005.02A3 A subpoena issued pursuant to this rule may be served in any manner permitted by law, which shall include service by registered or certified mail, return receipt requested, sent not less than six days prior to hearing.

005.02A4 In the case of disobedience to a subpoena, the Commission may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of accounts, books, documents, or papers.

005.02A5 Charges for serving a subpoena by mail are to be paid prior to the issuance of the subpoena by the party at whose instance the subpoena is issued. Arrangements for personal service, if desired by the party, are to be made by the party requesting such service and they shall be responsible for paying any costs for such service prior to the hearing date.

005.02BWitness Fee Any witness who is summoned and who responds thereto is entitled to the same fee as is paid for like service in the district courts of Nebraska. Applications made pursuant to this Chapter for the attendance of a witness shall be accompanied by a certified check, payable to the order of the witness, and equal in amount to the witness statutory traveling fee and a fee for one days attendance at the hearing. Said certified check shall be tendered to the witness when the subpoena is served upon him or her. Additional fees due the witness, if any, shall be paid at the close of the hearing by the party at whose instance the witness is summoned. In addition, section 25-1228 R.R.S. shall govern subpoenas issued at the request of any agency of state government.

005.03Offer of Evidence

All evidence shall be offered and made a part of the record in the case. No other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excepts or by incorporation by reference.

005.04Cross Examination

Every party shall have the right of cross examination of witnesses who testify and shall have the right to submit rebuttal evidence. The chairperson of the hearing panel or appointed legal counsel may limit cross examination by multiple parties having similar interests.

005.05Official Notice

The chairperson of the hearing panel may take notice of judicially cognizable facts and in addition may take notice of general, technical, or scientific facts within his or her specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the materials so noticed. They shall be afforded an opportunity to contest the facts so noticed. The chairperson may utilize his or her experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.

005.06Copies of Evidence

All documentary evidence to be offered at a hearing shall be accompanied by sufficient copies for all parties, unless waived by the chairperson of the hearing panel.

005.07Stipulations

Parties to any proceeding may agree upon any facts, either by written stipulation entered into the record as an exhibit, or by oral agreement stated on the record; provided that the hearing panel shall not be irrevocably bound by such stipulation.

005.08Filing and Serving Exhibits Prior to Hearing

In any proceeding where detailed or complicated exhibits are to be used, the Commission may require any party to file and serve copies of such exhibits or other necessary information within a specified time in advance of the hearing in order to enable the other party to study same and prepare cross examination with references thereto.

005.09Questioning by Hearing Panel

The members of the hearing panel may ask additional questions of any witness following direct and cross examination by the parties, provided that redirect and recross is afforded the parties after questioning by the panel members.

95 Neb. Admin. Code, ch. 1, § 005