Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 6 - DECLARATORY ORDERS
Section 454-6-007 - DECLARATORY ORDER PROCEEDINGS

Universal Citation: 454 NE Admin Rules and Regs ch 6 ยง 007

Current through September 17, 2024

007.01. ORAL ARGUMENT, WHEN. Oral argument shall be had only on specific order of the Department. A petitioner, intervenor, necessary party, or the Department may submit a motion for oral argument to the Director, hearing officer, or appointed Department employee. If opportunity for oral argument is granted, then argument shall be scheduled to be conducted not more than forty-five (45) days after filing of the petition. Petitioner and all other parties or, when represented, their attorneys, shall be served by the Director or the Director's designee with a notice of the date, time, and location for oral argument. The Director or the Director's designee shall provide each of the parties with notice of the proceeding not less than seven (7) days in advance of the scheduled date. Service shall be made by certified mail, return receipt requested.

007.02. ORAL ARGUMENT, PROCEDURE. Oral argument will be made before a hearing officer or before any representative of the Department who is authorized to render or to recommend a decision to the Director. The hearing officer or Department representative shall be in control of the proceeding and shall:

007.02(A). Identify the proceeding and introduce himself or herself and identify each party for the record;

007.02(B). Hear the oral argument of the petitioner, intervenor, or necessary parties;

007.02(C). Close the proceedings.

007.03. At the declaratory order proceeding, Department staff shall have the right to present oral argument.

007.04. The hearing officer or representative may impose reasonable time limits on the amount of time allocated to each party for oral argument.

007.05. The parties and Department staff may file briefs in support of their respective positions. The hearing officer may fix the time and order of filing briefs and may direct that briefs be submitted prior to the date of oral argument.

007.06. The oral argument may be conducted either in person or by telephone conference call or by other suitable electronic means.

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