Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS › Section 95-1-004 - Hearings

Current through June 17, 2024
004.01
Appointment of Hearing Panel
If the Petition and Answer meets the procedural requirements
				  of this Chapter, the Chairperson of the Commission shall appoint a hearing
				  panel of not less than seven Commission members to conduct a hearing an
				  determine the Findings of Fact, Conclusions of Law, and a Recommendation or
				  Final Decision of the Commission. The Chairperson of the Commission shall
				  designate one person to serve as the chairperson of the hearing
				  panel.
004.02
Setting of Hearings
The chairperson of the hearing panel shall set the time and
				  place for any hearing which shall be at least seven days after the deadline for
				  the filing of answers, unless agreement to set an earlier time is stipulated by
				  Petitioner and Respondent.
004.03
Consolidation
The chairperson of the Commission may order two or more
				  petitions that are legally or factually related to be heard together on a
				  consolidated record, unless any party makes a showing, sufficient to satisfy
				  the chairperson, that he or she would be prejudiced thereby.
004.04
Prehearing
				Conference
If the Petitioner or Respondent requests a prehearing
				  conference, the chairperson of the hearing panel or legal counsel may hold a
				  prehearing conference with the parties. The prehearing conference may be held
				  in person or by telephone. A telephonic prehearing conference may be used at
				  the discretion of the chairperson or legal counsel. The conference shall be for
				  the purpose of, but not limited to, the following: simplifying the issues,
				  amending the Petition or Answer, stipulating to the facts, stipulating to a
				  proposed settlement, submission of witness and exhibit lists, identification of
				  exhibits, application for subpoenas, and requests for discovery orders. The
				  chairperson or legal counsel may hold a prehearing conference upon his or her
				  own motion if in his or her discretion he or she determines that a prehearing
				  conference Is needed.
004.05
Location
The hearing shall be held in Lincoln, Lancaster County,
				  Nebraska. Upon joint application or showing by the parties, or upon an
				  independent determination by the chairperson of the hearing panel, that another
				  location would be more convenient to the parties and witnesses, the chairperson
				  of the hearing panel may set the hearing outside of Lincoln.
004.06
Closed
				Hearing
Upon the specific request of the Respondent or Petitioner to
				  hold a closed hearing, the hearing panel may hold a closed hearing to prevent
				  needless injury to any individual.
004.07
Conduct of
				Hearing
At the time of hearing:
004.07A The chairperson designated to preside
				at the hearing shall open and close the proceedings and take appearances. The
				chairperson or legal counsel, if appointed, shall rule on motions, objections,
				and matters of evidence.
004.07B
				Reasonable opportunity shall be afforded all parties to present evidence and
				argument. The chairperson of the hearing panel may set reasonable time limits
				on presentations and arguments.
004.07C Failure of the Petitioner or his or
				her representative, to appear at the time and place set for hearing, unless
				otherwise allowed by the chairperson for good cause shown, shall be deemed
				sufficient grounds for the hearing panel to dismiss the Petition.
004.07D Informal procedures covering the
				conduct of hearings shall be subject to the discretion and direction of the
				hearing panel at the time of such hearing, unless otherwise specified in this
				Chapter.