Section 442-3-009 - Referee009.01 For the purposes of mediating valuation disputes between the county and the owner of a property the Commission may appoint or contract with a "Referee" to meet with the parties and facilitate agreement on facts and issues prior to the hearing on the appeal. Neb. Rev. Stat. § 77-5009.009.02 Referee ConferenceA Referee shall meet with the parties to facilitate agreement on facts and issues within 60 days of his or her appointment.
009.03 Referee ReportsA Referee shall, at the conclusion of the Referee Conference, prepare a written report to be submitted to the Commission. This Referee's report shall be signed by the Referee and each of the parties and shall specify the following:
009.03A That the parties resolved their differences. If the parties resolve their differences at the Referee Conference the Referee Report shall contain a recitation of the agreed upon facts, issues and valuation for the appealed property as determined by the parties to the appeal; or009.03B That the parties have failed to resolve their differences. If the parties have failed to resolve their differences the Referee Report shall identify: 009.03B1 The unresolved factual matters and issues to be submitted to the Commission for its determination.009.03B2 All of the facts and issues which have been agreed to by the parties and are not, or are no longer, in dispute.009.04 Action of the Commission upon receipt of Referee Report009.04A If the parties fail to resolve their differences, the matter shall proceed to a hearing before the Commission.009.04B If the parties resolve their differences, the Commission shall enter an order that reflects the agreement of the parties as set forth in the Referee's Report.009.05 CompensationA Referee appointed by the Commission may be paid a salary or fee in the discretion of the Commission. If a salary is paid, the amount paid shall be fixed by the Commission, and if a fee is paid, the amount paid shall be in accordance with the value of the service rendered and shall be agreed upon and approved by the Commission before the referee renders service under his or her appointment. Such compensation shall only be made in accordance with the provisions of Neb. Rev. Stat. § 77-5009.
009.06 Conflict of Interest 009.06A An individual shall not be appointed as a Referee if that individual has a conflict of interest as defined in Chapter 2, § 001.14 of these rules.009.06B A Referee shall disqualify himself/herself in the case of a conflict of interest as defined in Chapter 2, § 001.14 of these rules.009.07 ConfidentialityThe referee may not be called as a witness in a hearing on the merits nor may evidence of any statements made by the parties or the referee pertaining to or at the referee meeting be received by the commission in a hearing on the merits.
442 Neb. Admin. Code, ch. 3, § 009