Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-006 - Prehearing Procedures

Current through June 17, 2024
006.01
Prehearing Conferences and
				Orders:
The hearing officer designated to conduct a hearing may
				  determine, on his or her own or upon the motion of any party, whether a
				  prehearing conference will be conducted. If a prehearing conference is not
				  held, the hearing officer for the hearing may issue a prehearing order, based
				  on the pleadings, to regulate the conduct of the proceedings.
If a prehearing conference is conducted:
1. The hearing officer shall promptly notify
				the parties of the determination that a prehearing conference will be
				conducted. The Department may assign another hearing officer for the prehearing
				conference; and
2. The hearing
				officer for the prehearing conference shall set the time and place of the
				conference and give reasonable written notice to all parties and to all persons
				who have filed written petitions to intervene in the matter. The Department of
				Social Services shall give notice to other persons entitled to notice.
6-006.01A
Notice
: The notice of a prehearing conference shall
				include the following:
1. The names and
				mailing addresses of all parties and other persons to whom notice is being
				given by the hearing officer;
2.
				The name, official title, mailing address, and telephone number of any counsel
				or employee who has been designated to appear for the Department of Social
				Services;
3. The official file or
				other reference number, the name of the proceeding, and a general description
				of the subject matter;
4. A
				statement of the time, place, and nature of the prehearing
				conference;
5. A statement of the
				legal authority and jurisdiction under which the prehearing conference and the
				hearing are to be held;
6. The
				name, official title, mailing address, and telephone number of the hearing
				officer for the prehearing conference;
7. A statement that a party who fails to
				attend or participate in a prehearing conference, hearing, or other stage of a
				contested case or who fails to make a good faith effort to comply with a
				prehearing order may be held in default under the Administrative Procedure Act;
				and
8. Any other matters that the
				hearing officer considers desirable to expedite the proceedings.
6-006.01B
Subjects for
				Prehearing Conference
: The hearing officer shall conduct a
				prehearing conference, as may be appropriate, to deal with such matter as
				exploration of settlement possibilities, preparation of stipulations,
				clarification of issues, rulings on identity and limitation of the number of
				witnesses, objections to proffers of evidence, determination of the extent to
				which direct evidence, rebuttal evidence, or cross-examination will be
				presented in written form and the extent to which telephone, television, or
				other electronic means will be used as a substitute for proceedings in person,
				order of presentation of evidence and cross-examination, rulings regarding
				issuance of subpoenas, discovery orders, and protective orders, and such other
				matters as will promote the orderly and prompt conduct of the hearing. The
				hearing officer shall issue a prehearing order incorporating the matters
				determined at the prehearing conference.
6-006.01C
Conference by
				Electronic Means
: The hearing officer may conduct all or part of
				the prehearing conference by telephone, television, or other electronic means
				if each participant in the conference has an opportunity to participate in, to
				hear, and, if technically feasible, to see the entire proceeding while it is
				taking place.