Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES › Section 92-43-005 - Hearings

Current through June 17, 2024
If upon written notification of any such proposed action of
				  the commissioner, the aggrieved party desires a hearing and review, such party
				  shall notify the board in writing within ten (10) business days after the
				  giving of notice of such action. If such notification is not given by the
				  aggrieved party, the action shall be deemed final. Upon receipt of such notice
				  from the aggrieved party, the board shall fix the time and place for a hearing
				  and shall notify the aggrieved party by certified mail.
005.01 Procedure of Hearing
At such hearing, the party may employ counsel, shall have the
				  right to hear the evidence upon which the action is based, and may present
				  evidence in opposition to the commissioner's action or in extenuation or
				  mitigation. The hearing shall be conducted in accordance with 92 NAC 61. Any
				  member of the board may preside except when a clear conflict of interest may be
				  demonstrated. The board may utilize hearing officers to conduct the hearings
				  and to present recommendations, including findings of fact and conclusions of
				  law to the board for final decision.
005.02 Setting of Hearings
The hearing officer shall set the time and place for any
				  hearing, which shall be at least seven (7) days after the deadline for the
				  filing of answers, unless agreement to set an earlier time is stipulated by
				  petitioner and respondent.
005.03 Consolidation
The hearing officer may order two or more petitions that are
				  legally or factually related to be heard together on a consolidated record,
				  unless any party makes a showing, sufficient to satisfy the hearing officer,
				  that it would be prejudiced thereby.
005.04 Prehearing Conference
If the respondent in his or her answer requests a prehearing
				  conference, the hearing officer shall hold a prehearing conference with the
				  parties. The prehearing conference may be held in person or by telephone. A
				  telephonic prehearing conference may be used at the discretion of the hearing
				  officer. The conference shall be for the purpose of, but not limited to, the
				  following: simplifying the issues, amending the petition or answer, stipulating
				  to the facts, stipulating to a proposed settlement, submission of witness and
				  exhibit lists, identification of exhibits, application for subpoenas, and
				  requests for discovery orders. The hearing officer may hold a prehearing
				  conference upon request of the petitioner or upon his or her own motion if in
				  his or her discretion he or she determines that a prehearing conference is
				  needed.
005.05 Location
The hearing shall be held in Lincoln, Lancaster County,
				  Nebraska, unless, upon joint application and showing by the parties that
				  another location would be more convenient to the parties and witnesses, or upon
				  such independent determination by the hearing officer, the hearing officer may
				  set the hearing outside Lincoln.
005.06 Closed Hearing
Upon specific request of the respondent or petitioner to hold
				  a closed hearing, the hearing officer may hold a closed hearing to prevent the
				  needless injury to any individual.
005.07 Conduct of Hearings
At the time of hearing:
005.07A The hearing officer designated by the
				board to presideata hearing shall open and close the proceedings, and take
				appearances. The hearing officer shall rule on motions, objections, and matters
				of evidence.
005.07B Reasonable
				opportunity shall be afforded all parties to present evidence and argument. The
				hearing officer may set reasonable time limits on presentations and
				arguments.
005.07C Failure of the
				petitioner or his or her representative, to appear at the time and place set
				for hearing, unless otherwise allowed by the hearing officer for good cause
				shown, shall be deemed sufficient grounds for the hearing officer to recommend
				dismissal of the petition.
005.07D
				Informal procedures governing the conduct of hearings shall be subject to the
				discretion and the direction of the hearing officer at the time of such
				hearings, unless otherwise specified in this chapter.