Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920
Section 249-1-012 - PREHEARING CONFERENCE PROCEDURES
Universal Citation: 249 NE Admin Rules and Regs ch 1 ยง 012
Current through September 17, 2024
012.01 Prehearing conferences and orders.
A hearing officer designated to conduct a hearing may determine, subject to the agency's rules and regulations, whether a prehearing conference will be conducted. If a prehearing conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
012.01A If a prehearing conference is
conducted:
012.01A1 The hearing officer shall
promptly notify the agency of the determination that a prehearing conference
will be conducted. The agency may assign another hearing officer for the
prehearing conference; and
012.01A2
The hearing officer for the prehearing conference shall set the time and place
of the conference and give reasonable written notice to all parties and to all
persons who have filed written petitions to intervene in the matter. The agency
shall give notice to other persons entitled to notice.
012.01A3 The notice referred to in subsection
012.01A2 shall
include the following:
012.01A3(a) The names
and mailing addresses of all parties and other persons to whom notice is being
given by the hearing officer;
012.01A3(b) The name, official title, mailing
address, and telephone number of any counsel or employee who has been
designated to appear for the agency;
012.01A3(c) The official file or other
reference number, the name of the proceeding, and a general description of the
subject matter;
012.01A3(d) A
statement of the time, place, and nature of the prehearing
conference;
012.01A3(e) A statement
of the legal authority and jurisdiction under which the prehearing conference
and the hearing are to be held;
012.01A3(f) The name, official title, mailing
address, and telephone number of the hearing officer for the prehearing
conference;
012.01A3(g) A statement
that a party who fails to attend or participate in a prehearing conference,
hearing, or other stage of a contested case or who fails to make a good faith
effort to comply with a prehearing order, may be held in default under the
Administrative Procedure Act; and
012.01A3(h) Any other matters that the
hearing officer considers desirable to expedite the proceedings.
012.01B The hearing
officer shall conduct a prehearing conference, as may be appropriate, to deal
with such matter as exploration of settlement possibilities, preparation of
stipulations, clarification of issues, rulings on identity and limitation of
the number of witnesses, objections to proffers of evidence, determination of
the extent to which direct evidence, rebuttal evidence, or cross-examination
will be presented in written form and the extent to which telephone,
television, or other electronic means will be used as a substitute for
proceedings in person, order of presentation of evidence and cross-examination,
rulings regarding issuance of subpoenas, discovery orders, and protective
orders, and such other matters as will promote the orderly and prompt conduct
of the hearing. The hearing officer shall issue a prehearing order
incorporating the matters determined at the prehearing conference.
012.01C The hearing officer may conduct all
or part of the prehearing conference by telephone, television, or other
electornic means if each participant in the conference has an opportunity to
participate in, to hear, and, if technically feasible, to see the entire
proceeding while it is taking place.
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