Nebraska Administrative Code
Topic - EQUAL OPPORTUNITY COMMISSION
Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION
Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES
Section 144-1-008 - Decision and order in a contested case

Universal Citation: 144 NE Admin Rules and Regs ch 1 ยง 008

Current through September 17, 2024

008.01 Generally

008.01A Every decision and order adverse to a party to the proceeding, rendered by an agency in a contested case, shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.

Source: Neb. Rev. Stat. § 84-915

008.01B Decision to include. The decision and order should include:
008.01B1 The name of the agency and name of the proceeding;

008.01B2 The time and place of the hearing;

008.01B3 The names of all parties or their attorneys who entered an appearance at the hearing;

008.01B4 The findings of fact consisting of a concise statement of the conclusions upon each contested issue of fact;

008.01B5 The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and

008.01B6 The order consisting of the action taken by the agency as a result of the facts found and the legal conclusions arising therefrom.

008.02 Hearing Officer Recommendations

The hearing officer shall issue recommended findings of fact and conclusions of law and shall file them with the Commission, together with the transcription of the hearing and record of the hearing. A copy of the recommended findings of fact and conclusions of law shall be served on all parties.

008.02A In Fair Housing matters, the hearing officer shall make findings of fact and conclusions of law within sixty (60) days after the end of the hearing, unless it is impracticable to do so. If the hearing officer is unable to make findings of fact and conclusions within such period or any succeeding sixty-day period thereafter, he or she shall notify the Commission, the aggrieved person on whose behalf the charge was issued, and the respondent, in writing, of the reasons for not doing so.

Source: Neb. Rev. Stat. § 20-337(2)

008.02A1 The recommended decision and order of the hearing officer shall include:
008.02A1(a) Such equitable relief, civil penalties, or damages, if any, permitted by law that the hearing officer finds supported by the evidence, and fees and costs which may be allowed under section 20-341; or

Source: Neb. Rev. Stat. §§ 20-337(3) to 20-337(4)

008.02A1(b) a recommended order dismissing the charge if the hearing officer finds that the respondent has not engaged or about to engage in a discriminatory housing practice, as the case may be.

Source: Neb. Rev. Stat. § 20-337(7)

008.03 Final Decision by the Commission, When

008.03A In Fair Housing Act cases, the Commission may review any finding, conclusion or order issued by the hearing officer, which review shall be completed not later than thirty (30) days after the recommended decision and order of the hearing officer is issued.

Source: Neb. Rev. Stat. § 20-338

008.04 Review

In review of the recommendation of the hearing officer, the Commission may affirm the recommendation of the hearing officer or modify it in whole or in part. The Commission may use a telephone conference call to meet to render a final decision after a public hearing. A copy of the final order and decision of the Commission shall be filed in writing at the principal office of the Commission.

008.05 Notification of parties

Parties to the proceeding shall be notified of the final 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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