Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-014 - CONDUCTING A CONTESTED CASE HEARING

Current through June 17, 2024
014.01.
ORDER OF HEARING.
At the discretion of the
										Hearing Officer, the hearing may be conducted in the following order:
014.01(A). The hearing is called to order by the Hearing Officer. Each
										party shall thereafter enter his/her/its appearance. Any preliminary motions, stipulations, or agreed upon
										orders may then be raised and/or resolved.
014.01(B). Each party
										may be permitted to make an opening statement. Opening statements take place in the same order as the
										presentation of evidence.
014.01(C).
PRESENTATION OF
										EVIDENCE.
014.01(C)(i). Evidence will be received in the
										following order:
014.01(C)(i)(1). First:
(A) For cases commenced under the provisions of 002.01A or 002.01C of this
										rule, evidence is presented by the Applicant;
(B) For cases
										commenced under the provisions of 002.01B, 002.01D, or 002. 01E of this rule, evidence is presented by the
										Petitioner;
(C) For cases commenced under the provisions of
										002.01F of this rule, evidence is presented by the Complainant;
(D) For cases commenced under the provisions of 002.01G or 002.01H of this
										rule, evidence is presented by the Department.
014.01(C)(i)(2). Second:
(A) For cases
										filed under 002.01A and 002.01B of this rule, evidence is presented by the Objector;
(B) For cases filed under 002.01C of this rule, evidence is presented by
										any Objector and/or the Department;
(C) For cases filed under
										002.01D of this rule, evidence is presented by the Department;
(D) For cases filed under 002.01E of this rule, evidence is presented by
										any Respondent and/or the Department;
(E) For cases filed under
										002.01F of this rule, evidence is presented by the Respondent and/or the Department;
(F) For cases filed under 002.01G or 002.01H of this rule, evidence is
										presented by the Respondent.
014.01(C)(ii).
										With regard to each witness who testifies, the following examination may be conducted:
014.01(C)(ii)(1). Direct examination conducted by the party who calls the
										witness;
014.01(C)(ii)(2). Cross-examination by the opposing
										party;
014.01(C)(ii)(3). Redirect examination by the party who
										called the witness; and
014.01(C)(ii)(4). Recross-examination by
										the opposing party.
014.01(C)(ii)(5). The Hearing Officer may
										question a witness at any time, and shall give an opportunity for redirect and recross after any such
										questioning.
014.01(D). After the evidence
										is presented, each party may have the opportunity to make a closing argument. Closing arguments shall be made
										in the same order as the presentation of evidence. The Hearing Officer may request that the parties submit
										briefs in lieu of closing arguments, and parties may request that they be allowed to submit briefs in lieu of
										closing arguments. The hearing officer shall determine, based upon the issues raised prior to and/or during
										the hearing, whether briefs are to be submitted simultaneously or their sequence and timing. Any issue not
										raised prior to or during the hearing is waived and shall not be considered subsequent to the hearing unless
										allowed by the Department.