Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 10 - PRACTICE AND PROCEDURE BEFORE THE BOARD OF EDUCATIONAL LANDS AND FUNDS › Section 97-10-006 - Evidence

Current through June 17, 2024
006.01 Admissibility
				of Evidence
The Hearing Examiner may admit and give probative effect to
				  evidence which possesses probative value commonly accepted among reasonable
				  prudent men in the conduct of their own affairs. Incompetent, irrelevant,
				  immaterial and unduly repetitious evidence may be excluded.
006.02 Copies As Evidence
A copy of any book, record, paper or document may be offered
				  directly in evidence in lieu of the original, where the original is unavailable
				  or where there is not objection; and where the original is admitted in
				  evidence, a copy may be substituted later for the original or such part thereof
				  as may be material or relevant upon leave granted in the discretion of the
				  Hearing Examiner.
006.03
				Identification of Exhibits
Exhibits attached to a stipulation or entered in evidence
				  which are offered by a petitioning lessee shall be numbered serially; whereas,
				  those offered by the Board of Educational Lands and Funds shall be lettered
				  serially; and those offered jointly shall be numbered and lettered
				  serially.
006.04 Disposition
				of Exhibits
After a final order has been rendered by the Board of
				  Educational Lands and Funds, either party desiring the return, at his own
				  expense, of any exhibits belonging to him shall make application in writing to
				  the Hearing Examiner within thirty days thereof suggesting a practical manner
				  of delivery; otherwise, exhibits may be disposed of as the Hearing Examiner
				  deems advisable.
006.05
				Officlal Notice of Evidence
The Hearing Examiner may take notice of judicially
				  recognizable facts and of general, technical, or scientific facts within the
				  specialized knowledge of the Hearing Examiner. Parties to a proceeding shall be
				  notified either before or during the hearing of facts so notice and shall be
				  afforded an opportunity to contest such facts.
006.06 Evidence Outside The Record
Except as provided by these regulations, the Hearing
				  Examiner shall not consider factual information or evidence in the
				  determination of any proceeding unless the same shall have been offered and
				  made a part of the record in the proceeding.
006.07 Presentation of Evidence And Testimony
Every party to said hearing shall have the right to present
				  evidence and testimony of witnesses and to cross-examine any witness who
				  testifies in behalf of an adverse party. Opportunities shall be afforded every
				  party to present evidence and testimony as rebuttal to evidence presented by
				  another party, except that repetitious evidence shall be
				  excluded.
006.08 Rules Of
				Evidence
Any party may request that the proceeding be bound by the
				  rules of evidence applicable in a District Court of Nebraska. Such party shall
				  file with the Hearing Examiner, at least 14 days prior to the date of the
				  scheduled hearing, a written request that the hearing be so
				  conducted.
006.09 Record Of
				Hearing
The petitioning lessees may request and obtain a certified
				  copy of the record of the hearing. Charges for preparing the certified copy of
				  the record shall be paid by the party requesting it. The official record will
				  consist of the Court Reporter's record and all exhibits received in
				  evidence.