Current through March 20, 2024
010.01 Every
decision and order adverse to a party to the proceeding, rendered by the
Department in a contested case, shall be in writing or stated in the record
and, if in writing, shall be accompanied by findings of fact and conclusions of
law.
010.02 The decision and order
should include:
010.02A The name of the
Department and name of the proceeding.
010.02B The time and place of the
hearing.
010.02C The names of all
parties or their attorneys who entered an appearance at the hearing and all
non-party participants.
010.02D The
findings of fact consisting of a concise statement of the finding with
regarding to each contested issue of material fact.
010.02E The conclusions of law consisting of
the application of the controlling law to the facts found and the legal results
arising therefrom.
010.02F The
order consisting of the action taken by the Department as a result of the facts
found and the legal conclusions arising therefrom.
010.02G The hearing officer shall submit a
recommended order which complies with the provisions of this Section to the
Director. The Director may adopt the recommended order without a separate
order. The Director may accept or reject in whole or in part the recommended
order.
010.03 A copy of
the decision and order and accompanying findings and conclusions shall be
delivered or mailed to each party or his, her, or its attorney of
record.
010.04 In all contested
cases arising under Neb. Rev.
Stat. §§
8-1,134
through
8-1,139,
proposed findings of fact and conclusions of law shall be delivered or mailed
to the interested parties prior to entering any order on the record.
010.04A Within five (5) days of receipt of
such findings of fact and conclusions of law, any interested party may submit
exceptions to the findings or conclusions, with supporting reasons for such
exceptions, to the Director.
010.04B The Director shall enter a final
order or decision, and as part thereof may adopt or reject in whole or in part
the findings of fact and conclusions of law of the hearing officer, based upon
any exceptions filed by the parties or upon his or her own analysis of the
evidence presented at the hearing.
