Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 1 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Section 247-1-007 - HEARING OFFICERS

Universal Citation: 247 NE Admin Rules and Regs ch 1 ยง 007

Current through September 17, 2024

007.01 Appointment. Hearing Officers shall be appointed by the Director in writing. Such appointment shall be of public record in the Director's office.

007.02 Qualifications. Hearing Officers shall be attorneys licensed to practice law in the State of Nebraska.

007.03 Unbiased and Impartial. The Hearing Officer shall be unbiased and impartial as to the subject proceeding.

007.04 Recusal. No Hearing Officer shall participate in an appeal in which they have an interest. For good cause shown or on the Director's own motion, the Hearing Officer may recuse his or herself from conducting the hearing. Motions for recusal shall be made in writing to the Director and must be received no later than three days prior to the date of the hearing.

007.05 Powers and Duties. The Hearing Officer shall have the duty to conduct full, fair and impartial hearings; to take appropriate action to avoid unnecessary delay in the disposition of the proceeding; and to maintain order. They shall have the following powers:

007.05A To administer oaths and affirmations;

007.05B To issue subpoenas as authorized;

007.05C To compel discovery and to impose appropriate sanctions for failure to make discovery;

007.05D To rule upon offers of proof and receive relevant, competent and probative evidence;

007.05E To regulate the course of the proceedings in the conduct of the parties and their representatives;

007.05F To hold prehearing conferences for simplification of the issues, settlement of the proceedings, or any other proper purposes;

007.05G To consider and rule orally or in writing upon all procedural and other motions appropriate in adjudicative proceedings;

007.05H To fix the time for holding the record open for additional evidence or for submission of briefs;

007.05I To exclude or eject people from the hearing;

007.05J To issue recommended decisions, rulings, and orders, as appropriate; and

007.05K To take any other action consistent with the purpose of the law.

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