Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 251 - NEBRASKA ADMINISTRATIVE CODE
Chapter 2 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE INTERNATIONAL REGISTRATION PLAN, NEB. REV. STAT. 60-305.02 THROUGH 60-305.17, AND THE ADMINISTRATIVE PROCEDURES ACT, NEB. REV. STAT. 84-913 THROUGH 84-920
Section 251-2-005 - HEARING OFFICERS; CRITERIA, QUALIFICATIONS, POWERS AND DUTIES
Current through March 20, 2024
005.01 Appointment.
Hearing officers shall be appointed by the Director in writing. Such appointment shall be of public record in the Director's office. A hearing officer for a contested case may be designated by the Director.
005.02 Conflict.
A person who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection 005.04.
005.03 Conflict of Supervisor.
A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing state may not serve as hearing officer or advise a hearing officer in the same proceeding except as provided in subsection 005.04.
005.04 Consent.
If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing state may assist or advise a hearing officer in the preparation of orders.
005.05 Participation in Preliminary Determination.
A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or advise a hearing officer in the same proceeding.
005.06 Stages of the Contested Case.
A person may serve as hearing officer at successive stages of the same contested case.
005.07 Qualifications.
Hearing officers shall be attorneys licensed to practice law in the State of Nebraska.
005.08 Unbiased and Impartial.
The hearing officer shall be unbiased and impartial to the subject proceeding.
005.09 Recusal.
No hearing officer shall participate in an appeal in which they have an interest. For good cause shown on the Director's own motion, the hearing officer may recuse himself 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 (3) days prior to the date of the hearing.
005.10 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:
