Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 4-1-(6) - CONTESTED CASES

Current through June 17, 2024
(a)
PROCEDURE
i
INITIATION AND
				NOTICE OF HEARING: Any person aggrieved by a decision or action of the
				Commission, except the issuance of an advisory opinion by the Commission, may
				file a written request for hearing with the Commission. Hearings initiated by
				the Commission or upon such written request shall be ordered upon a vote of at
				least five members at any regular or special meeting of the Commission.
				Reasonable written notice of such hearing shall be given to all parties by
				certified mail, return receipt requested showing to whom and where delivered
				and the date of delivery. The notice shall state the time and place of the
				hearing. In the case of a request for hearing, it shall be accompanied by a
				copy of the written request for hearing. In the case of a hearing initiated by
				the Commission, it shall state the issues to be heard. In the case of the
				mailing of a notice to a corporation or an entity other than an individual, the
				notice shall be sent to the registered office, the usual place of business, or
				to an officer of the corporation or entity. In the case of notice to a
				political committee, the notice may be sent to its candidate, chairman or
				treasurer. Notices thereafter, if a party is represented by an attorney of
				record, need be given only to the attorney of record for any
				party.
ii
PLEADINGS: The written request for hearing or the notice of hearing
				shall set forth the following:
(a)
The venue of the matter, to wit: "Before the Nebraska Accountability
				and Disclosure Commission";
(b)
A heading specifying the subject
				matter;
(c)
The
				name and address of the Commission or the person requesting such hearing and,
				if any, the names and addresses or all other parties alleged to have a legal
				right, duty or privilege to be determined in said hearing;
(d)
A statement of the grounds upon
				which the Commission's authority or jurisdiction depends;
(e)
A statement averring the legal
				capacity of the party instigating the proceedings;
(f)
The facts constituting a cause
				of action; and
(g)
a prayer or statement of the action to be taken or relief
				requested.
In the case of a written request for hearing the same
				  shall be signed by the party requesting the same or by his or her attorney in
				  which case the attorney shall also state his or her name, address and telephone
				  number. The request for hearing shall be accompanied by copies in sufficient
				  number for service on each other person or entity alleged to be a party. The
				  notice of hearing and a copy of the request for hearing shall be served by the
				  Commission in the manner set forth in subparagraph i hereof on the party
				  requesting the hearing and on each other person or entity alleged in the
				  request for hearing to be a party. Any parties to the hearing after notice
				  pursuant to subparagraph i may file responsive pleadings by way of an answer
				  which may include the raising of issues customarily raised by special
				  appearance, demurrer or other motion in district court. A party filing a
				  responsive pleading shall serve an original upon the Commission and a copy upon
				  each other party to the proceedings by certified mail, return receipt
				  requested, at least three days prior to the date of the hearing, except for
				  good cause shown.
iii
CONTINUANCES: Any party desiring
				a continuance shall, immediately upon receipt of the notice of hearing, or any
				other notice in the proceedings, or as soon thereafter as the facts
				necessitating such continuance come to his or her knowledge, notify the
				Executive Director in writing of said desire and stating in said notification
				the reasons for such continuance and may support a motion for continuance by
				affidavits. The Executive Director or Hearing Officer may grant a continuance
				for good cause shown and may at any time order a continuance on his or her own
				motion or upon resolution of the Commission. Copies of a request for a
				continuance and all supporting documents shall be served by the requesting
				party on all other parties of record .
iv
WITNESS FEE: Any witness who is
				subpoenaed and who appears is entitled to the same fee as is paid to subpoenaed
				witnesses in the district court.
v
SUBPOENAS: A subpoena requiring the
				attendance of a witness shall be issued by the executive director on written
				application of any party, or upon the executive director's own motion or upon
				resolution of the Commission. Subpoenas for the production of accounts, books,
				documents, or papers upon written application by a party must state which
				accounts, books, documents, or papers are required. All person directed to
				produce accounts, books, documents, or papers shall furnish and deliver the
				same at the time and place specified in the subpoena. A subpoena issued
				pursuant to this rule shall be served in the manner provided by law or upon any
				party by certified mail, return receipt requested.
vi
HEARING OFFICER: The person
				conducting a hearing pursuant to paragraph xi is hereby designated a hearing
				officer. The hearing officer shall be the executive director, a person which
				the executive director is hereby authorized to designate or employ or a person
				appointed by the Commission.
The commission may by resolution make other
				  provisions for the conduct of such hearing, including but not limited to,
				  providing for the matter to be heard before a hearing officer who shall be
				  delegated the authority and authorized to administer oaths, hear the testimony,
				  rule on motions, objections and evidence, and recommend findings of fact and
				  conclusions of law which shall be submitted to the Commission along with a
				  transcript of the proceedings, evidence and exhibits for its deliberation,
				  findings of fact, conclusions of law and order.
The hearing officer may be present during the
				  deliberations of the commission but only to advise the commission on questions
				  of law and procedure. The hearing officer shall not participate in the
				  deliberations on the evidence or vote unless he or she is a member of the
				  commission.
The authority of the executive director pursuant to
				  section 1-(6) of this rule may be exercised by the chairperson in the absence
				  of the executive director and the vice chairperson in the absence of the
				  chairperson.
However, once a hearing officer has been designated
				  or employed pursuant hereto such authority shall be exercised only by the
				  hearing officer.
vii
BRIEFS: Submission of briefs may
				be required by the hearing officer or the Commission. If required, the time in
				which briefs shall be filed and the number of copies to be filed shall be fixed
				by the hearing officer at the close of the hearing.
viii
ORAL ARGUMENT: Oral argument
				may be permitted at the close of a hearing at the discretion of the hearing
				officer or the Commission.
ix
OFFICIAL RECORD-COST: Charges for
				preparing an official record for the purpose of rehearing or judicial review,
				including the transcribing of testimony shall be paid by the party requesting
				the same. The record of testimony shall be made by an official court reporter
				in all contested cases in which the evidentiary rules of the district court are
				invoked pursuant to the provisions of section
				84-914(1),
				R.R.S., 1943. The hearing officer or the Commission may cause a transcript of
				the record, or any part thereof, to be made.
x
CONTINUANCE OF DELIBERATIONS: The
				Commission after commencing deliberations on the evidence after the close of
				such hearing may by a vote of at least five members continue such deliberations
				to a fixed time and place and from time to time.
xi
CONDUCT OF HEARING: The hearing
				will be conducted by the hearing officer, who, among other matters, will open
				the proceedings, enter into the record the notice of hearing and evidence of
				service thereof, and take appearances. He or she shall rule on matters relating
				to the pleadings and upon motions and objections relating to procedure and
				evidence, and shall close the proceedings. Any ruling of a hearing officer
				which would amount to a dismissal of the case must have the concurrence of at
				least five members of the Commission. The hearing officer as well as members of
				the Commission may interrogate witnesses. Except for good cause shown, in any
				proceeding initiated by the Commission the evidence shall be presented first by
				the staff, then by other parties, and then rebuttal, if any, by the staff.
				Except for good cause shown, in any proceeding initiated by any party other
				than the Commission, evidence shall be presented first by the initiating party,
				then by other parties and staff in that order, and then rebuttal, if any, by
				the initiating party. Every party shall have the right to cross-examine all
				witnesses who testify.
xii
REHEARING: Within 10 days from the issuance of notice of a decision and
				order, any decision and order adverse to a party to the proceedings rendered by
				the Commission in a contested case may be the subject of a motion for rehearing
				before the Commission. If upon a vote of at least five members, the Commission
				orders a rehearing, notice by certified mail, return receipt requested, shall
				be given to all parties. A motion for rehearing and a ruling thereon is not
				required prior to an appeal of the decision and order of the Commission or
				other judicial review thereof. Said motion for rehearing shall set forth the
				grounds for the same but the party requesting the same and the other parties to
				the proceedings shall not be heard thereon unless otherwise ordered by
				resolution of the Commission. The party filing a motion for rehearing shall
				send copies thereof to the other parties to the proceedings, who may file
				objections thereto. Neither the filing of, nor the granting of, a motion for
				rehearing shall toll the period within which a party must perfect his or her
				appeal to the District Court pursuant to the provisions of §
											84-917
				through §
											84-919
				of the Administrative Procedures Act.
xiii
INFORMAL DISPOSITION: Informal
				disposition may be made of any contested case by stipulation, agreed
				settlement, consent order or default.
xiv
APPEAL: Judicial review of any
				decision by the Commission in a contested case or declaratory ruling shall be
				governed by the provisions of sections
				49-14,131,
				R.R.S., 1943, and 84-917 to 84-919, R.S.Supp., 1990.