Nebraska Administrative Code › Topic - GAME AND PARKS COMMISSION › Title 163 - Nebraska Game and Parks Commission › Chapter 1 - Administration Regulations › Section 163-1-002 - Rules of practice and procedure for the conduct of public hearings

Current through June 17, 2024
Under the provisions of sections
				  84-901
				  to
				  84-920,
				  R.R.S. 1999, the following rules and regulations are adopted and promulgated by
				  the Nebraska Game and Parks Commission to govern the practice and procedure for
				  the conduct of public hearings before said Commission, unless otherwise
				  provided by law.
002.01 Public
				hearings prior to the adoption of regulations or adjudication of other matters
				requiring a public hearing within the purview of the Commission shall be
				conducted in the following manner.
002.01A
				The Commission may at any time on its own motion order any public hearing which
				the Commission is authorized, either by law or by inherent authority, to
				conduct and, after giving notice, conduct such hearing in the manner as
				hereinafter provided. Other meetings may be held as provided in section
				37-104,
				R.R.S. 1998.
002.01B Notice shall
				be given of all public hearings held by the Commission. Such notice shall be
				published at least once in a newspaper or newspapers of general circulation in
				the state. The publication shall be made at least 30 days prior to the date of
				the hearing. The published notice shall contain information as to the date,
				time, place and purpose of the hearing.
002.01C The Chairman of the Commission or
				their designee shall serve as presiding officer over the hearing; however, the
				presiding officer shall, in all cases, be a member of the Commission.
002.01D The presiding officer shall among
				other things, open the proceedings; enter into the record the notice given of
				the hearing, take appearances; accept and see that exhibits are properly
				numbered; answer questions asked or call upon other persons present to answer
				questions asked; and close the proceedings. The record in any hearing shall not
				be affected by any change of presiding officer during the conduct of that
				hearing.
002.01E All testimony
				shall be under oath or affirmation unless the Commission shall consider such to
				be unnecessary. Evidence may consist of any oral or written question, statement
				or testimony and any document.
002.01F Evidence at a public hearing will
				ordinarily be received in the following sequence:
(1) Commission members and staff;
(2) federal agencies;
(3) other state agencies;
(4) political subdivision;
(5) all other persons in the order as the
				presiding officer shall at their discretion choose unless the Commission shall
				vote, in view of the nature of the matter being heard, to alter this sequence
				as may be necessary. All persons shall be given the opportunity to be heard on
				matters relevant to the business and purpose of the hearing.
002.01G Each person presenting
				evidence at a hearing shall first state their full name and address, and
				declare whether they are appearing on their own behalf or on behalf of another
				person or organization, and if they are representing another, such person or
				organization represented shall be named.
002.01H All evidence presented at the hearing
				is to be directed at the business and purpose of such hearing. Any evidence not
				directed at the business and purpose of the hearing, or which is cumulative or
				repetitive, shall, at the request of the presiding officer, be terminated and
				excluded from the record. Unless otherwise required by law, strict legal rules
				of evidence shall not be adhered to, and the presiding officer may admit as
				evidence any testimony or material which a prudent and reasonable person would
				consider in the conduct of the important affairs of their business or personal
				life. Cross examination of any witness may be permitted by the presiding
				officer.
002.01I In addition to
				statements and evidence presented by any other person, the Commission may,
				through, the Commission staff or otherwise, secure and present such statements
				and evidence as it may consider necessary or desirable. Evidence shall include
				a copy of notice given for the public hearing and a statement explaining the
				business and purpose of the hearing.
002.01J A record shall be made of the hearing
				proceedings, with the evidence presented being a part thereof. Such record may
				consist of written statements and any other documentary evidence with tape
				recordings of oral evidence or transcripts as deemed necessary by the
				Commission.
002.01K The record of
				public hearings may be held open at the discretion of the presiding officer for
				submission of any evidence not available or presented at the time of the
				hearing. At the designated time the hearing shall be closed by the presiding
				officer after the inclusion of any evidence submitted and accepted.
002.01L All hearings before the Game and
				Parks Commission shall be held at regular or special meetings of the Game and
				Parks Commission as defined in section
				37-104,
				R.R.S. 1998. A quorum of the Game and Parks Commission as defined in the above
				listed statute shall constitute a quorum for the conduct of a public hearing
				and no public hearings shall be held in the absence of such a quorum.
002.01M When necessary, members of the Game
				and Parks Commission may testify or present information at any public hearing
				before said Commission.
002.01N The
				Commission may, in regular or special meeting following the closing of a public
				hearing, decide contested questions, adopt regulations, or take such other
				action as is appropriate by the usual method of a majority vote of a quorum of
				the Commission.