Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920 › Section 249-1-006 - HEARING OFFICERS

Current through June 17, 2024
006.01
Appointment.
Hearing Officers shall be appointed by the Director in writing. Such
	 appointment shall be of public record in the Director's office.
006.02
Qualifications.
Hearing Officers shall be attorneys licensed to practice law in
	 Nebraska.
006.03
Unbiased and Impartial.
The Hearing Officer appointed by the Director is not a party to the
	 proceedings and shall perform as an unbiased and impartial arbiter of the
	 facts.
006.04 A person who
  has served as investigator, prosecutor, or advocate in the CDL disqualification
  of the Appellant in a specific CDL disqualification hearing 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
  006.06.
006.05 A person who is
  subject to the authority, direction, or discretion of one who has served as
  investigator, prosecutor, or advocate in the CDL disqualification hearing or in
  its prehearing stage may not serve as hearing officer or advise a hearing
  officer in the same proceeding except as provided in subsection 006.06 of the
  CDL disqualification hearing.
006.06 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 CDL
  disqualification of the Appellant in a specific CDL in its prehearing stage,
  may assist a hearing officer in the preparation of orders.
006.07 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 assist or advise a hearing
  officer in the same proceeding.
006.08 A person may serve as hearing officer
  at successive stages of the same contested case.
006.09
Recusal.
No Hearing Officer shall participate in a hearing in which they have an
	 interest. For good cause shown or on the Director's own motion, the Hearing
	 Officer may recuse his or herself from conducting the hearing. Motions for
	 recusal by the Appellant 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.
006.10
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. He or she shall have
	 the power to:
006.10A Preside at
  hearings on commercial motor vehicle license disqualification;
006.10B Administer oaths and
  affirmations;
006.10C Issue
  subpoenas as authorized;
006.10D
  Compel discovery and impose appropriate sanctions for failure to make
  discovery;
006.10E Rule upon offers
  of proof and receive relevant, competent and probative evidence;
006.10F Regulate the course of the
  proceedings in the conduct of the parties and their representatives;
006.10G Hold prehearing conferences for
  simplification of the issues, settlement of the proceedings, or any other
  proper purposes;
006.10H Consider
  and rule orally or in writing, upon all procedural and other motions
  appropriate in adjudicative proceedings;
006.10I Fix the time for holding the record
  open for additional evidence or for submission of briefs;
006.10J Exclude persons from the
  hearing;
006.10K Issue recommended
  decisions, rules and orders, as appropriate; and
006.10L Take any other action consistent with
  the purpose of the law.