Nebraska Administrative Code
Topic - ATHLETIC COMMISSION
Title 38
Chapter 7 - PRACTICE AND PROCEDURE
Section 38-7-001.04 - HEARING OFFICER; CRITERIA
Current through March 20, 2024
001.04(A) The Commissioner has the authority to delegate to a hearing officer or hearing officers the functions of conducting a prehearing conference, a hearing, or both, and submitting a recommended decision to the Commissioner.
001.04(B) A person who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection 001.04(D).
001.04(C) A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or advise a hearing officer in the same proceeding except as provided in subsection 001.04(D).
001.04(D) If all parties consent, a person who has served as or who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a hearing officer in the preparation of orders.
001.04(E) A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.
001.04(F) A person may serve as hearing officer at successive stages of the same contested case.
