Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 4-1-(7) - PRELIMINARY INVESTIGATION AND HEARING PURSUANT TO SECTIONS 49-14,124 and 49-14,125

Current through June 17, 2024
(a)
NOTICES: All notices required pursuant to these sections shall be given by
				certified mail, return receipt requested.
(b)
PRELIMINARY
				INVESTIGATION-CONFIDENTIALITY: Except to the extent necessary to effect the
				investigation, and to the extent necessary in giving the notices required by
				section
				49-14,124,
				no information as to the proceedings and records relating to a preliminary
				investigation until a final determination is made by the Commission shall be
				disclosed. Upon written request from the person alleged to be in violation of
				the law the proceedings shall be made public.
(c)
COMMENCEMENT AND TERMINATION OF
				INVESTIGATIONS:
Investigations pursuant to the provisions of Section
				  49-14,124
				  shall be commenced at the direction of the Executive Director only (1) upon the
				  filing of a complaint signed under oath stating a cause of action subject to
				  the jurisdiction of the Commission, (2) upon the recommendation of the
				  Executive Director evidenced in a notice of preliminary investigation issued
				  pursuant to Section
				  49-14,124,
				  or (3) upon a resolution of the Commission adopted upon a vote of at least five
				  of the members taken in closed session at any regular or special
				  meeting.
If the Commission upon a vote of at least five of the
				  members makes a finding that the preliminary investigation fails to indicate
				  probable cause for belief that the Nebraska Political Accountability and
				  Disclosure Act has been violated, the investigation shall terminate. Such
				  action shall constitute the exhaustion of administrative remedies provided by
				  the Act pursuant to the provisions of Section
				  49-14,127.
If upon a majority vote of at least five of the
				  members present and voting, the Commission finds that there is probable cause
				  for belief that the Nebraska Political Accountability and Disclosure Act has
				  been violated, hearing shall be initiated and conducted pursuant and subject to
				  the provisions of Commission Rule 1-(6) and 1-(7)(d) and Section
				  49-14,125(2).
(d)
HEARING PURSUANT TO
				SECTION
				49-14,125:
				The hearing shall be conducted in closed session and the hearing officer may
				sequester all witnesses to be heard in said hearing and shall exclude from the
				hearing all other persons who are not members of the Commission, staff or
				necessary to the proceedings including the complainant except the party or
				parties complained against and their attorneys of record.
(e)
CONTINUING CONFIDENTIALITY: The
				confidentiality required in this rule as to Section
				49-14,124
				shall be maintained and continued until the Commission issues its determination
				that a violation has taken place or until the alleged violator requests in
				writing that the records and actions be made public.
(f)
PROCEDURE AND EVIDENCE: The
				provisions of this rule pertaining to procedure and evidence in contested
				cases, except as restricted by the confidentiality provisions of this rule and
				Sections
				49-14,124
				and
				49-14,125,
				shall apply.
(g)
DECISION: The decision of the Commission making findings of fact and
				conclusions of law shall be upon a vote of at least five of the members and any
				sanction imposed pursuant to Section
				49-14,126
				shall be upon a vote of at least five of the members. A copy of said decision
				shall be sent to all of the parties to the proceedings conducted pursuant to
				Section
				49-14,125(2)
				 or their attorneys of record and to any
				person who filed a complaint under oath.