Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-010 - Hearing Procedure in a Contested Case

Current through June 17, 2024
010.01 The Council shall act as the Hearing
				Board in the matter
The Council sitting as the Hearing Board shall have a
				  representative of the Attorney General's Office to rule on all questions of law
				  that may arise in the course of the hearing and to assist in the preparation of
				  the findings of fact and conclusions of law to be transmitted to the
				  Commission.
010.02 The
				Commission shall designate an attorney to present the case for the revocation
				on behalf of the petitioner
The designated counsel will prosecute the case through the
				  administrative process. In the event that an appeal is taken before the
				  Nebraska courts, the Commission shall request that the Attorney General appoint
				  a member of that office to represent the Commission.
010.03 The petitioner and respondent shall
				have all rights and responsibilities afforded each party in a contested case
				under Neb.Rev.Stat. §
									84-901
				et seq., the Administrative Procedures Act and Title 53 of the Nebraska
				Administrative Code, Chapter 4.
010.04 The officer in question is entitled to
				be represented by counsel at his or her own expense at the hearing
Counsel for the respondent shall enter a written notice of
				  appearance at the earliest opportunity. Retention of, or representation by, an
				  attorney less than ten (10) days prior to the formal hearing shall not
				  constitute good cause for a continuance without a showing of extenuating
				  circumstances.
010.05 The
				proceedings of the formal hearing shall be recorded by mechanical or electronic
				means
The recordings of the proceedings shall be kept for at least
				  (4) years from the date of the final decision of the
				  Commission.
010.06 Default
				Procedure
A failure to appear at a formal hearing shall be deemed to
				  be an admission of the facts alleged in the complaint. The Hearing Board upon
				  submission of evidence by the petitioner, shall render its findings of fact,
				  conclusions of law and recommendation upon the evidence submitted by the
				  petitioner. Such evidence may include, but is not limited to, affidavits
				  stating relevant information, investigative reports, and pleadings filed in the
				  case.
010.07 A revocation of
				a certification by the Commission which is based on a default shall be set
				aside only by a showing of good cause regarding the respondent's failure to
				appear at the scheduled formal hearing.
010.08 After receiving all evidence and
				hearing all testimony in the case, the Council shall make a recommendation
				regarding revocation and shall make written findings of fact and conclusions of
				law. Exhibits relied upon or referred to in the Findings of Fact and
				Conclusions of Law shall be forwarded to the Commission as part of the reported
				findings. The findings and recommendation shall be submitted to the Commission
				for final review at its next quarterly meeting.
010.09 At the quarterly meeting of the
				Commission following submission of the Council's findings, the hearing
				transcript, exhibits and hearing file, the Commission shall, concomitant with
				Neb.Rev.Stat. §
									81-1403,
				either dismiss the complaint to revoke the certification or revoke the
				certification upon a finding by clear and convincing evidence that the
				certificate should be revoked. The Commission shall be bound by its normal
				rules of operation as defined by Neb.Rev.Stat. §
									81-1415 et
				seq. The Commission's review of the Council's action shall be de novo on the
				record.