Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-009 - CONDUCTING A CONTESTED CASE HEARING

Current through June 17, 2024
009.01
Official Record
All hearings before the Department in contested cases shall
				  be recorded by a court reporter of the Department's selection, unless otherwise
				  agreed to by all the parties.
009.02
Order
Unless special circumstances exist, as determined at the
				  discretion of the hearing officer, the hearing shall be conducted in the
				  following order:
009.02A The hearing
				is called to order by the hearing officer, and any preliminary motions,
				stipulations or agreed orders shall be considered after the hearing is called
				to order.
009.02B Each party is
				permitted to make an opening statement. Opening statements shall take place in
				the same order as the presentation of evidence.
009.02C Presentation of evidence.
009.02C1 Evidence will be received in the
				following order:
009.02C1(a) Evidence is
				presented by the Department.
009.02C1(b) Evidence is presented by the
				Respondent or, if multiple Respondents, by each Respondent in the order in
				which responsive pleadings were filed.
009.02C1(c) Rebuttal evidence is presented by
				the Department.
009.02C1(d)
				Surrebuttal evidence is presented by the Respondent or Respondents, in the same
				order as evidence was presented.
009.02C1(e) Summary motions may be made by
				any party at the close of each party's presentation or at the close of the
				presentation of all evidence.
009.02C1(f) The hearing officer shall
				determine the time at which non-party participants are allowed to make a
				statement on the record.
009.02C2 With regard to each witness who
				testifies, the following examination may be conducted:
009.02C2(a) Direct examination conducted by
				the party who calls the witness;
009.02C2(b) Cross-examination by the opposing
				party or parties, in the order established by the hearing officer;
009.02C2(c) Redirect examination by the party
				who called the witness; and
009.02C2(d) Recross-examination by the
				opposing party or parties.
009.02D After the evidence is presented, each
				party shall have 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.
009.02E
Post-Hearing Submissions
.
009.02E1 Submission of briefs may be
				required, or permitted at the request of a party by the Director or the hearing
				officer. The time in which briefs shall be filed and the number of copies
				required will be fixed at the close of the hearing by the Director or the
				hearing officer. Briefs submitted to the Department shall be on white paper, 8
				½ inches x 11 inches, with margins of at least 1 inch on all sides, and
				shall be double spaced. No brief shall be longer than 25 pages. The Department
				will not consider any portion of the brief which exceeds the page
				limitation.
009.02E2 The hearing
				officer may request the parties submit proposed findings of fact and
				conclusions of law in lieu of, or in addition to, briefs pursuant to Section
				009.02E1 of this
				Rule. The hearing officer shall establish the time schedule for such filing and
				any other restrictions that he or she deems appropriate under the
				circumstances.