Nebraska Administrative Code
Topic - ATHLETIC COMMISSION
Title 38
Chapter 7 - PRACTICE AND PROCEDURE
Section 38-7-001.07 - DECISION AND ORDER IN A CONTESTED CASE

Universal Citation: 38 NE Admin Rules and Regs ch 7 ยง 001-07

Current through March 20, 2024

001.07(A) If a hearing officer other than the Commissioner conducts the hearing, the hearing officer will submit a recommended decision to the Commissioner.

001.07(B) The Commissioner may utilize the Commission's or Department of Revenue's expertise, technical competence, and specialized knowledge in the evaluation of the evidence presented to him or her.

001.07(C) Every decision and order adverse to a party to the proceeding, rendered by an agency in a contested case, must be in writing or stated in the record and be accompanied by findings of fact and conclusions of law.

001.07(D) The Commissioner's decision and order should include:

001.07(D)(i) The Commission's name and the name of the proceeding;

001.07(D)(ii) The time and place of the hearing;

001.07(D)(iii) The names of all parties or their attorneys who entered an appearance at the hearing;

001.07(D)(iv) The findings of fact consisting of a concise statement of the conclusions upon each contested issue of fact;

001.07(D)(v) The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and

001.07(D)(vi) The order consisting of the action taken by the Commission as a result of the facts found and the legal conclusions arising therefrom.

001.07(E) Parties to the proceeding shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his or her attorney of record.

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