Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 251 - NEBRASKA ADMINISTRATIVE CODE › Chapter 3 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES CONCERNING RETURNED CHECKS OR DRAFTS FROM MOTOR CARRIERS AND CARRIERS WHO HAVE BEEN PREVIOUSLY REVOKED FOR THE INTERNATIONAL REGISTRATION PLAN, INTERNATIONAL FUEL TAX AGREEMENT OR THE SINGLE STATE REGISTRATION PLAN PURSUANT TO NEB. REV. STAT. 60-305.17, 66-1406.01 AND 66-1406.02 AND THE ADMINISTRATIVE PROCEDURE ACT 84-913 TO 84-920 › Section 251-3-005 - HEARING OFFICERS; CRITERIA, QUALIFICATIONS, POWERS AND DUTIES

Current through June 17, 2024
005.01
Appointment.
Hearing officers shall be appointed by the Director in writing. Such
	 appointment shall be of public record in the Director's office. A hearing
	 officer for a contested case may be designated by the Director.
005.02
Conflict.
A person who has served as investigator prosecutor, or advocated 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 005.04.
005.03
Conflict of Superviso.
r
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 state may not serve as hearing officer or advise a hearing
	 officer in the same proceeding except as provided in subsection 005.04.
005.04
Consent.
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
	 state may assist or advise a hearing officer in the preparation of
	 orders.
005.05
Participation in Preliminary
  Determination.
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 advise a hearing officer in the same proceeding.
005.06
Stages of
  the Contested Case.
A person may serve as hearing officer at successive stages of the same
	 contested case.
005.07
Qualifications.
Hearing officers shall be attorneys licensed to practice law in the
	 State of Nebraska.
005.08
Unbiased and Impartial.
The hearing officer shall be unbiased and impartial to the subject
	 proceeding.
005.09
Recusal.
No hearing officer shall participate in an appeal in which they have an
	 interest. For good cause shown on the Director's own motion, the hearing
	 officer may recuse his or herself from conducting the hearing. Motions for
	 recusal shall be made in writing to the Director and must be received no later
	 than three (3) days prior to the date of the hearing.
005.10
Powers and
  Duties.
The hearing officer shall have the duty to conduct full, fair and
	 impartial hearings, to take appropriate action to avoid unnecessary delay in
	 the disposition of the proceeding, and to maintain order. They shall have the
	 following powers:
005.10A To
  administer oaths and affirmations;
005.10B To issue subpoenas as
  authorized;
005.10C To compel
  discovery and to impose appropriate sanctions for failure to make
  discovery;
005.10D To rule upon
  offers of proof and receive relevant, competent, and probative
  evidence;
005.10E To regulate the
  course of the proceedings in the conduct of the parties and their
  representatives;
005.10F To hold
  prehearing conferences for simplification of the issues, settlement of the
  proceedings, or any other purposes;
005.10G To consider and rule orally or in
  writing, upon all procedural and other motions appropriate in adjudicative
  proceedings;
005.10H To fix the
  time for holding the record open for additional evidence or for submission of
  briefs;
005.10I To exclude people
  from the hearing;
005.10J To issue
  recommended decisions, rulings, and orders as appropriate; and
005.10K To take any other action consistent
  with the purpose of the law.