Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 184 - NEBRASKA DEPARTMENT OF HEALTH
Chapter 6 - PROCEDURAL REGULATIONS FOR REMOVAL OF APPOINTED BOARD MEMBERS
Section 184-6-006 - HEARING PROCESS FOR REMOVAL
Current through March 20, 2024
006.01 General
Upon receipt of a petition, the Chairperson of the Hearing Panel shall set a hearing date subject to section 006.05. This date shall be set 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 006.04. The Hearing Panel shall not make a final determination until the Member has been afforded a complete evidentiary hearing.
006.02 Roles of the Board of Health
Those members of the Board of Health that make up the Review Panel shall serve as the prosecution and shall be responsible for presenting all the investigative findings regarding a complaint against a Member. These findings shall be presented to those members of the Board of Health that make up the Hearing Panel. The Hearing Panel shall ultimately determine if the investigative findings establish that the Member's actions fall under the criteria put forth in section 003. If such actions are found to fall under section 003, the Hearing Panel may remove the Member.
006.03 Legal Representation
The Review Panel and the Hearing Panel may request legal representation at any time.
006.04 Notice of Hearing
The Chairperson of the Hearing Panel shall prepare an official notice setting forth the time and place of the formal hearing. Such notice shall also contain a general description of the purpose of the hearing. This notice and a copy of the petition shall be served on the Mennber either personally or by any method specified in Neb. Rev. Stat. § 25-505.01, or the Chairperson of the Board of Health may permit substitute or constructive service as provided in Neb. Rev. Stat. § 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in Neb. Rev. Stat. § 25-505.01. Service shall be obtained at least thirty (30) days before the hearing.
006.05 Hearing Procedures
The hearing before the Hearing Panel shall be conducted in accordance with the Model Rules of Practice and Procedure as put forth at 53 Nebraska Administrative Code Chapter 4. The hearing may be conducted by the Hearing Panel, or by a designated hearing officer, but in no case shall a final decision be rendered by fewer than a majority of the Board of Health.
006.06 Burden of Proof
The Review Panel shall bear the burden of proof for all hearings before the Board of Health.
006.07 Standard of Proof
The standard of proof for all hearings before the Board of Health shall be by a preponderance of the evidence.
