Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 23 - DEPARTMENT OF AGRICULTURE, BUREAU OF ANIMAL INDUSTRY
Chapter 12 - LIVESTOCK AUCTION MARKET REGULATIONS
Section 23-12-005 - Rules of Practice and Procedures Governing Hearings on the Issuance of Livestock Auction Market Licenses

Universal Citation: 23 NE Admin Rules and Regs ch 12 ยง 005

Current through September 17, 2024

005.01 Notice.

005.01A The Director shall fix a reasonable time for the hearing and shall cause a copy of the application, complaint, dispute, or issues involved, together with notice of the time and place of hearing, to be served by mail not less than fifteen (15) days prior to such hearing upon the following:
005.01A1 All duly organized statewide livestock associations in the state who have filed written requests with the board to receive notice of such hearings and such other livestock associations as in the opinion of the Director would be interested in such application; and

005.01A2 The operators of all livestock auction markets in the state; and

005.01A3 Such other persons as in the opinion of the Director would have an interest in the hearing.

005.01B The Director shall give further notice of such hearing by publication of the notice thereof once in a daily or weekly newspaper circulated in the city or village where such hearing is to be held, as in the opinion of the Director will give reasonable public notice of such time and place of hearing to persons interested therein.

005.02 Contents of Complaints.

Prior to such notice of hearing involving disagreements or disputes between parties operating under the Nebraska Livestock Auction Market Development Act, the complaining party must submit to the Board a notarized statement attesting to the allegations, grievances, or accusations; if subsequent amendment is necessary, it shall be fully stated as soon as practicable.

005.03 Hearing.

005.03A All parties will be afforded opportunity to present evidence and argument.

005.03B In all hearings before the Board in which the board has filed a complaint against any market license holder, the Board shall be represented by the Attorney General's Office of the State of Nebraska when possible.

005.03C In all hearings before the Board a complete and accurate record shall be kept, which record shall be made available to any interested parties in the hearing; provided, however, that the State of Nebraska shall have no liability for the cost of the transcripts made unless made at its specific request.

005.03D It shall be improper for any person having business before the Board to discuss such business with any Board member at such time or place when all Board members are not together and at which an adversary party may not have had notice of such meeting and an opportunity to be present.

005.03E The Board will hear all evidence of probative value, but will exclude incompetent, immaterial, and repetitious evidence. The Board will give effect to the laws of privilege recognized by law.

005.03F The hearing examiner will administer oaths and compel the production of any papers, books, accounts, documents, and testimony and cause the dispositions of witnesses to be taken in the manner prescribed by law. Documentary evidence shall be made a part of the record of the hearing.

005.03G Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. The Board will recognize general, technical or scientific facts within its specialized knowledge. All parties will be notified either before or during the hearing or otherwise of the material so noticed and shall be afforded an opportunity to contest the facts so noticed.

005.04 Disposition of Hearing Issues.

005.04A After the hearing the Board may take such matters under advisement as it determines necessary.

005.04B The Board shall make such independent investigations and inquiry as it considers necessary.

005.04C All communications between members of the Board shall be confidential.

005.04D Parties to the proceeding shall receive written notice by registered or certified mail of the decision and order. A copy of the decision and order and accompanying findings and conclusions will be delivered or mailed upon request to each party or his attorney of record.

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