Section 305-4-007 - Conducting a contested case hearing007.01 Order At the discretion of the hearing officer, the hearing may be conducted in the following order:
007.01A The hearing is called to order by the hearing officer. Any preliminary motions, stipulations or agreed orders are entertained.007.01B Each party may be permitted to make an opening statement. Opening statements take place in the same order as the presentation of evidence.007.01CPresentation of Evidence. The order for presentation of evidence in a complaint proceeding shall be as set forth in section 008.07. The order for presentation of evidence in a petition for review proceeding shall be as set forth in section 009.07. 007.01C1 With regard to each witness who testifies, the following examination may be conducted: 007.01C1(a) Direct examination conducted by the party who calls the witness;007.01C1(b) Cross-examination by the opposing party;007.01C1(c) Examination by Commissioners;007.01C1(d) Redirect examination by the party who called the witness; and007.01C1(e) Recross-examination by the opposing party.007.01C1(f) Additional examination by Commissioners.007.01C1(g) Any additional redirect examination or recross-examination shall be permitted at the hearing officer's discretion.007.01D After the evidence is presented, each party may have opportunity to make a closing argument. Closing arguments shall be made in the same order as the presentation of evidence. The hearing officer may request that the parties submit briefs in addition to or in lieu of closing arguments.007.02 Evidence 007.02A The Chairperson or hearing officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.007.02B Any party to a formal evidentiary hearing before the Commission, from which a decision may be appealed to the courts of this state, may request that the Commission be bound by the rules of evidence applicable in district court by filing with the Agency and serving on the other parties of record, at least three (3) days prior to the holding of the hearing, a written request therefore. Such request shall include the requesting party's agreement to be liable for the payment of costs incurred thereby and upon any appeal or review thereof, including the cost of court reporting services which the requesting party shall procure for the hearing.007.02C Documentary evidence may be received in the form of copies or excerpts or incorporated by reference.007.02D All evidence including records and documents in the possession of the Commission of which it desires to avail itself shall be offered and made a part of the record in the case. No factual information or evidence other than the record shall be considered in the determination of the case.007.02E The Chairperson may administer oaths and issue orders governing the conduct of the hearing and the persons in attendance.007.02F The Commission shall give effect to the rules of privilege recognized by law.007.02G The Commission may take official notice of cognizable facts and in addition may take official notice of general, technical, or scientific facts within its specialized knowledge and the rules and regulations adopted and promulgated by the Commission. 007.02G1 Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of materials so noticed.007.02G2 Parties shall be afforded an opportunity to contest facts so noticed.007.02G3 The record shall contain a written record of everything officially noticed.007.02H The Commission may utilize its experience, technical competence and specialized knowledge in the evaluation of the evidence presented to it.007.02I The Director may issue subpoenas in accordance with the rules of Civil Procedure except as may otherwise be prescribed by law. Subpoenas issued under this subsection may be enforced by the district court upon application of the party requesting the subpoena. Orders issued by the Chairperson or Commission may be enforced by the district court upon application by the Chairperson.007.03 Conducting the hearing by electronic means The Chairperson may conduct all or part of the hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
007.04 Official record 007.04A The Agency shall prepare an official record, which shall include testimony and exhibits, in each contested case, but it shall not be necessary to transcribe the record of the proceedings unless requested for purpose of appeal, in which event the transcript and record shall be furnished by the Agency upon request and tender of the cost of preparation.007.04B The Agency shall maintain an official record of each contested case under the Administrative Procedure Act for at least four (4) years following the date of the final order.007.04C The Commission record shall consist only of the following: 007.04C1 Notices of all proceedings;007.04C2 Any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the Commission pertaining to the contested case;007.04C3 The record of the hearing before the Commission, including all exhibits and evidence introduced during such hearing, a statement of matters officially noticed by the Commission during the proceeding, and all proffers of proof and objections and rulings thereon; and007.04C4 The final order.007.04D As provided in 305 NAC 4 Section 002.03 the Chairperson, Commission member, or the hearing officer who receives or who makes or knowingly causes to be made an ex parte communication as set forth in that subsection shall make the appropriate filings which shall be included in the official record of the contested case.007.04E Except to the extent that the Administrative Procedure Act or another statute provides otherwise, the Commission record shall constitute the exclusive basis for Commission action in contested cases under the act and for judicial review thereof.007.05 Costs All costs of a formal hearing shall be paid by the party or parties against whom a final decision is rendered.
305 Neb. Admin. Code, ch. 4, § 007