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 97-10-002 - Hearing Examiner

Current through June 17, 2024
002.01 Appointment
				of Hearing Examiner
Upon receipt of a petition filed pursuant to Section
				  72-205.02,
				  R.S., Neb., 1943, (Reissue of 1971), the Board of Educational Lands and Funds
				  shall appoint a Hearing Examiner to administrate, conduct, and preside over all
				  proceedings initiated by the petitioning lessees. The Board shall have
				  discretion to appoint the same Hearing Examiner for all petitioned hearings or
				  may appoint a separate Hearing Examiner for each individual hearing. It shall
				  be within the discretion of the Board of Educational Lands and Funds to appoint
				  as Hearing Examiner whomsoever they believe can serve in said capacity in an
				  efficient and competent manner.
002.02 Compensation of Hearing Examiner
The Board of Educational Lands and Funds may appoint an
				  Examiner not presently under the payroll of the Board; and in the event such an
				  individual should be appointed, his compensation will be agreed upon prior to
				  his appointment. In the event the Board should appoint an individual to act as
				  Hearing Examiner who is already within their employ, said individual shall
				  serve without compensation.
002.03 Oath
All testimony presented before the Hearing Examiner shall be
				  given under oath which the Hearing Examiner will have the authority to
				  administer.
002.04 Subpoena
When a subpoena is desired, the proper party shall indicate
				  to the Hearing Examiner the names and the last known addresses of the witnesses
				  to be called. If evidence other than oral testimony is required, each item to
				  be produced must be adequately described. All requests for subpoena shall be
				  directed to the attention of the Hearing Examiner no less than fourteen (14)
				  days prior to the published date of said hearing. The Hearing Examiner shall
				  issue subpoena as requested and mail the same to the party so requesting within
				  seven days of receipt of request therefore. Service may be made either by
				  mailing a copy thereof by registered or certified mail, return receipt
				  requested, not less than three days before the hearing date of the cause which
				  the witness is required to attend or, personally, by any person not interested
				  in the action. No costs for serving a subpoena will be
				  allowed.
002.05 Notice of
				Hearing
It shall be the duty of the Hearing Examiner to ascertain
				  that the notice of hearing is properly published in accordance with Nebraska
				  Statutes.
002.06 Further
				Duties of Hearing Examiner
The Hearing Examiner shall:
002.06A Establish a date and a place within
				the County of the petitioning lessees and shall provide for notice of such time
				and place by publication in a legal newspaper, published in the County where
				such school lands are situated, once each week for two consecutive weeks
				beginning at least twenty days prior to the date of the public
				hearing.
002.06B The Hearing
				Examiner shall conduct any and all pretrial conferences as provided by these
				rules of practice and procedure.
002.06C The Hearing Examiner shall preside at
				the hearing, will open the proceedings, will acknowledge the appearance of
				counsel, will hear the evidence and rule on motions and objections, may
				interrogate witnesses, and will close the proceedings.
002.06D If the petitioning lessees are not
				represented by legal counsel, the Hearing Examiner shall explain to the
				petitioning lessees the rules of practice and procedure, and generally shall
				conduct the hearing in a less formal manner than when the petitioning lessees
				are represented by legal counsel. It should be the purpose of the Hearing
				Examiner to assist the petitioning lessees who appear without such
				representation to the extent necessary to allow them to fairly present their
				evidence, testimony, and arguments on the issues.
002.06E The Hearing Examiner shall compile a
				complete record of all testimony taken and evidence received at said hearing,
				which record shall be filed in the office of the Board of Educational Lands and
				Funds. All proceedings shall be recorded by a court reporter and a permanent
				record thereof shall be made. All costs involved In producing the original copy
				shall be divided between the petitioning lessees and the Board of Educational
				Lands and Funds. Any additional copies requested by either party will be paid
				by the party so requesting.
002.06F
				The Hearing Examiner conducting said hearing shall make, in writing, complete
				findings and recommendations to the Board as to the value of school lands
				according to classification.