Nebraska Administrative Code
Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE
Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL
Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION
Section 79-9-010 - Hearing Procedure in a Contested Case
Current through March 20, 2024
010.01 The Council shall act as the Hearing Board in the matter
The Council sitting as the Hearing Board shall have a representative of the Attorney General's Office to rule on all questions of law that may arise in the course of the hearing and to assist in the preparation of the findings of fact and conclusions of law to be transmitted to the Commission.
010.02 The Commission shall designate an attorney to present the case for the revocation on behalf of the petitioner
The designated counsel will prosecute the case through the administrative process. In the event that an appeal is taken before the Nebraska courts, the Commission shall request that the Attorney General appoint a member of that office to represent the Commission.
010.03 The petitioner and respondent shall have all rights and responsibilities afforded each party in a contested case under Neb.Rev.Stat. § 84-901 et seq., the Administrative Procedures Act and Title 53 of the Nebraska Administrative Code, Chapter 4.
010.04 The officer in question is entitled to be represented by counsel at his or her own expense at the hearing
Counsel for the respondent shall enter a written notice of appearance at the earliest opportunity. Retention of, or representation by, an attorney less than ten (10) days prior to the formal hearing shall not constitute good cause for a continuance without a showing of extenuating circumstances.
010.05 The proceedings of the formal hearing shall be recorded by mechanical or electronic means
The recordings of the proceedings shall be kept for at least (4) years from the date of the final decision of the Commission.
010.06 Default Procedure
A failure to appear at a formal hearing shall be deemed to be an admission of the facts alleged in the complaint. The Hearing Board upon submission of evidence by the petitioner, shall render its findings of fact, conclusions of law and recommendation upon the evidence submitted by the petitioner. Such evidence may include, but is not limited to, affidavits stating relevant information, investigative reports, and pleadings filed in the case.
010.07 A revocation of a certification by the Commission which is based on a default shall be set aside only by a showing of good cause regarding the respondent's failure to appear at the scheduled formal hearing.
010.08 After receiving all evidence and hearing all testimony in the case, the Council shall make a recommendation regarding revocation and shall make written findings of fact and conclusions of law. Exhibits relied upon or referred to in the Findings of Fact and Conclusions of Law shall be forwarded to the Commission as part of the reported findings. The findings and recommendation shall be submitted to the Commission for final review at its next quarterly meeting.
010.09 At the quarterly meeting of the Commission following submission of the Council's findings, the hearing transcript, exhibits and hearing file, the Commission shall, concomitant with Neb.Rev.Stat. § 81-1403, either dismiss the complaint to revoke the certification or revoke the certification upon a finding by clear and convincing evidence that the certificate should be revoked. The Commission shall be bound by its normal rules of operation as defined by Neb.Rev.Stat. § 81-1415 et seq. The Commission's review of the Council's action shall be de novo on the record.
