Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 251 - NEBRASKA ADMINISTRATIVE CODE
Chapter 1 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Section 251-1-006 - PREHEARING PROCEDURES

Universal Citation: 251 NE Admin Rules and Regs ch 1 ยง 006

Current through March 20, 2024

006.01 Prehearing Conferences and Orders.

A hearing officer designated to conduct a hearing may determine, subject to the Departments 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.

006.01A If a prehearing conference is conducted:
006.01A1 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

006.01A2 The hearing officer for the prehearing conference shall set the time and place of the conference and give reasonable written notice to all parties or their representative of record.

006.01A3 The written notice referred to in subsection 006.01A2 shall include the following:
006.01A3a The names and mailing addresses of all parties or their representatives or other persons to whom notice is being given by the hearing officers;

006.01A3b The name, official title, mailing address, and telephone number of any counsel who has been designated to appear for the Department;

006.01A3c The official file or reference number, the name of the proceeding and a general description of the subject matter of the conference;

006.01A3d A statement of the time, place and nature of the prehearing conference;

006.01A3e A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;

006.01A3f The name, official title, mailing address, and office telephone number of the hearing officer for the prehearing conference;

006.01A3g A statement that a party who fails to attend or participate in a prehearing conference, hearing or other state 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

006.01A3h Any other matters that the hearing officer considers desirable to expedite the proceedings.

006.01B The hearing officer shall conduct a prehearing conference, as may be appropriate, to deal with such matters 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 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.

006.01C The hearing officer may conduct all or part of the prehearing conference by telephone, television or other electronic 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.

006.02 Discovery in Contested Cases.

006.02A The hearing officer or designee, at the request of any party or upon the hearing officer's own motion, may issue subpoenas, discovery orders, and protective orders in accordance with the rules of civil procedure except as may be otherwise prescribed by law. Subpoenas and orders issued under this subsection may be enforced by the district court.

006.02B Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall:
006.02B1 Quote the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena or excerpt of a deposition;

006.02B2 State the reasons supporting the motion;

006.02B3 Be accompanied by a statement setting forth the steps or efforts made by the moving party or representative to resolve by agreement the issues raised and that agreement has not been achieved; and

006.02B4 Be filed with the Department. The moving party must serve copies of all such motions to all parties in the contested case.

006.02C Other than is provided in subsection 006.02B above, discovery materials need not be filed with the Department.

006.03 Continuances.

The hearing officer may, in his or her discretion, grant extensions of time, or continuances of hearing upon the hearing officer's own motion, or at the timely request of any party for good cause shown. A party must file a written motion for continuance which states in detail the reasons why a continuance is necessary and serve a copy of the motion on all other parties.

006.03A Good Cause. Good cause for an extension of time or continuance may include but is not limited to, the following:
006.03A1 Illness of the party, representative, or witnesses;

006.03A2 A change in legal representation; or

006.03A3 Settlement negotiations which are underway.

006.04 Amendments.

006.04A A petition may be amended at any time before an answer is filed or is due if notice is given to the respondent or his or her attorney. In all other cases, the appellant must request permission to amend from the hearing officer.

006.04B A hearing officer may also allow in his or her discretion, the filing of supplementary pleadings alleging facts material to the case after the original pleadings were filed. A hearing officer may also permit amendment of pleadings where a mistake appears or when the amendment does not materially change a claim of defense.

006.05 Informal Disposition.

Unless otherwise precluded by law, informal disposition may be made of a contested case by stipulation, agreed settlement, consent order, or default.

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