Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 252 - NEBRASKA ADMINISTRATIVE CODE
Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005
Section 252-1-007 - Prehearing Procedures

Universal Citation: 252 NE Admin Rules and Regs ch 1 § 007

Current through September 17, 2024

007.01 Prehearing Conferences and Orders. A hearing officer designated to conduct a hearing may determine, subject to these 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 a hearing. If a prehearing conference is conducted:

007.01A The hearing officer shall promptly notify the Department that a prehearing conference with be conducted. The Department may assign another hearing officer for the prehearing conference; and

007.01B 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 Department shall give notice to other persons entitled to notice.

007.01C The notice referred to in subsection 007.0 IB shall include the following:

007.01C1 The names and mailing addresses of all panics and other persons to whom notice is being given by the hearing officer;

007.01C2 The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the Department;

007.01C3 The official file or other reference number, the name of the proceeding, and a general description of the subject matter;

007.01C4 A statement of the time, place, and nature of the prehearing conference;

007.01C5 A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;

007.01C6 The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference;

007.01C7 A statement that a party who fails to attend or participate in a perhearing conference, hearing or other stage of a contested case or who fails to comply with a prehearing order may be held in default under the Administrative Procedures Act; and

007.01C8 Any other matters that the hearing officer considers desirable to expedite the proceedings.

007.02 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 extend 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.

007.03 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.

007.04 Discovery in Contested Cases.

007.04A The hearing officer or a 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 otherwise be prescribed by law. Subpoenas and orders issued under this subsection may be enforced by the district court.

007.04B Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall;

007.04B1 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;

007.04B2 State the reasons supporting the motion;

007.04B3 Be accompanied by a statement setting forth the steps or efforts made by the moving party or his or her counsel to resolve the issues raised and that agreement has not been achieved; and

007.04B4 Be filed with the Department. The moving party must serve copies of all such motions to all parties to the contested case.

007.04C Other than is provided in subsection 007.04B4, discovery materials need not be filed with the Department.

007.05 Continuances. The hearing officer may, in his or her discretion, grant extensions of time or continuances of hearings 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.

007.05A Good Cause. Good cause for an extension of time or continuance may include but is not limited to, the following:

007.05A1 Illness of the party, legal counsel, or witness;

007.05A2 A change in legal representation; or

007.05A3 Settlement negotiations are underway.

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