297 Neb. Admin. Code, ch. 3, § 007

Current through September 17, 2024

Section 297-3-007 - Declaratory Order Proceedings

007.01 Oral Argument, When

Oral argument shall be had only on specific order of the Board, the Director, or the designated hearing officer. A petitioner, intervenor, necessary party, or the Board may submit a motion for oral argument to the agency director. If opportunity for oral argument is granted, then argument shall be scheduled to be conducted not more than forty-five (45) days after filing of the petition. Petitioner and all other parties or, when represented, their attorneys, shall be served by the agency with a notice of the date, time, and location for oral argument. The agency shall provide each of the parties with notice of the proceeding not less than seven (7) days in advance of the scheduled date. Service shall be made by certified mail, return receipt requested.

007.02 Oral Argument, Procedure

Oral argument will be made before a hearing officer or the Board or any representative of the agency who is authorized to render or to recommend a decision to the Board. The hearing officer, the Board, or agency representative shall be in control of the proceeding and shall:

007.02A Identify the proceeding and introduce himself or herself and identify each party for the record;

007.02B Hear the oral argument of the petitioner, intervenor, or necessary parties;

007.02C Close the proceedings.

007.03 At the declaratory order proceeding, agency staff, including legal counsel, shall have the right to present oral argument.

007.04 The hearing officer or representative may impose reasonable time limits on the amount of time allocated to each party for oral argument.

007.05 The parties and agency staff, including legal counsel, may file briefs in support of their respective positions. The hearing officer or Board may fix the time and order of filing briefs and may direct that briefs be submitted prior to the date of oral argument.

007.06 The oral argument may be conducted either in person or by telephone conference call.

297 Neb. Admin. Code, ch. 3, § 007