Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 184 - DIVISION OF PUBLIC HEALTH
Chapter 6 - REMOVAL OF APPOINTED BOARD MEMBERS BY THE NEBRASKA BOARD OF HEALTH
Section 184-6-005 - HEARING PROCESS

005.01 GENERAL. Upon receipt of a petition, the chairperson of the hearing panel will set a hearing date subject to section 005.05. The hearing date will be no later than the first meeting of the Board of Health after the petition is filed and proper notice is given as required by section 005.04. The hearing panel may not make a final determination until the member has been afforded a complete evidentiary hearing.

005.02 ROLES OF BOARD OF HEALTH. The members of the review panel will serve as the prosecution and are responsible for presenting the investigative findings regarding complaints against members. The hearing panel will determine if the investigative findings establish that the member or the member's actions fall under the criteria in section 003. If the member or member's actions are found to fall under section 003, the hearing panel may remove the member.

005.03 LEGAL REPRESENTATION. Review and hearing panels may request legal representation.

005.04 NOTICE OF HEARING. The hearing panel chairperson will prepare an official notice setting forth the time and place of the formal hearing and a general description of the hearing's purpose. The notice and a copy of the petition will be served on the member by any means permitted by law at least 30 days before the hearing.

005.05 HEARING PROCEDURES. The hearing will be conducted in accordance with 53 Nebraska Administrative Code Chapter 4. The hearing may be conducted by the hearing panel or a designated hearing officer, but in no case will a final decision be rendered by fewer than a majority of the hearing panel.

005.06 BURDEN AND STANDARD OF PROOF. The review panel will bear the burden of proof by a preponderance of the evidence.