Nebraska Administrative Code
Topic - BANKING AND FINANCE, DEPARTMENT OF
Title 49 - DEPARTMENT OF BANKING AND FINANCE
Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES
Section 49-2-009 - PREHEARING PROCEDURES
Current through March 20, 2024
009.01 In the case of an application for a charter, certificate or license filed pursuant to Sections 8-120, 8-201, 8-331, 8-372, 8-403, or 21-1725.01, for which a protest has been filed, a prehearing conference will be held at the Department's main office at least seven days prior to the date of the hearing, unless all parties agree to waive the prehearing conference. In all other application hearings, the Director or a hearing officer designated to conduct a hearing may determine whether a prehearing conference will be conducted. If a prehearing conference is not held, the Director or the hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
009.02 If a prehearing conference is conducted:
009.03 The hearing officer shall conduct a prehearing conference, as may be appropriate, to deal with such matters as preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. All parties must lay foundation for all their exhibits, except rebuttal exhibits; all objections to the admissibility other than relevancy, must be made; and an outline or synopsis of the evidence relative to each of the items required for the relevant application set forth in Title 49, Chapter 3 of the Nebraska Administrative Code must be submitted.
009.04 The hearing officer may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity to participate in the entire proceeding while it is taking place.