Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-010 - PREHEARING PROCEDURES

Current through June 17, 2024
010.01
Consolidation
.
Whenever two or more actions are pending before the Department between
	 the same or related parties or involving substantially the same facts or issues
	 of law, the actions may be consolidated. Either party may, on motion and notice
	 to the adverse party, require him or her to show cause why the cases should not
	 be consolidated. The Department may also, on its own motion, enter an order to
	 show cause to both parties. If good cause is not shown, the actions shall be
	 consolidated.
010.02
Discovery
.
Discovery may be made in proceedings before the Department in the same
	 manner as discovery in civil actions in the district courts of this state.
	 Discovery shall be governed by the Nebraska Rules of Discovery adopted by the
	 Nebraska Supreme Court, except that responses, answers or objections to
	 discovery must be filed within fifteen (15) days of the date of service of the
	 request. A party need not file a copy of the discovery request unless and until
	 objection is made or a motion to compel discovery is filed, but he or she shall
	 file a Notice of Service that includes the caption of the case and meets the
	 requirements for a certificate of service as set forth in
	 009.01A5. A sample
	 Notice is attached as Attachment 4.
010.03
Extension or Shortening of
  Time for Discovery
The Department may extend or shorten time for discovery upon motion of
	 a party for good cause shown or upon its own motion by progression order or
	 other order.
010.04
Access to Examination
.
All persons whose applications for licensure, certification or
	 registration or other form of approval are denied due to failure of a required
	 examination may review the examination questions and their answers with respect
	 to questions marked wrong or given partial credit. Review is subject to the
	 following conditions:
010.04A Review
  may take place only after results of such examination have been issued by the
  Department.
010.04B Photographic
  identification of the applicant must be provided to the Department
  representative.
010.04C Review must
  take place in the offices of the Department during regular business
  hours.
010.04D Review may take
  place only in the presence of a
representative of the Department. A representative of the appropriate
	 governing Board may also be present.
010.04E Neither the examination nor the
  answer sheet may be taken from the site designated for review.
010.04F Neither examination questions nor
  answers may be copied. Notes may be made but shall be limited to the question
  number and any objections, challenges or questions concerning examination
  questions and answers. Notes shall be reviewed and may be copied or may be
  confiscated by the Department if, in the opinion of such representative, the
  notes are likely to compromise the integrity of the examination.
010.04G No questions may be asked of or
  answered by the Department or Board representative during review concerning the
  examination questions or answers. Questions, objections, or challenges may be
  submitted in writing for consideration.
010.04H The examinee may have his or her
  attorney present during review or authorize, in writing, such attorney or other
  designee to conduct review in his or her absence. Review by counsel or any
  other designee of the examinee shall be subject to the same conditions and
  terms as those for the examinee.