Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 7 - CONTESTED CASES
Section 454-7-010 - PREHEARING PROCEDURES

Universal Citation: 454 NE Admin Rules and Regs ch 7 ยง 010

Current through September 17, 2024

010.01. Prehearing conferences and orders. At the discretion of the Hearing Officer or upon the request of any party, a prehearing conference may be held. All requests for a prehearing conference must be filed at least five days prior to any scheduled hearing. 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.

010.02. If a prehearing conference is conducted:

010.02(A). The Hearing Officer shall promptly notify the Department of the determination that a prehearing conference will be conducted. The Department may assign another Hearing Officer for the prehearing conference; and

010.02(B). The Hearing Officer for the prehearing conference shall set the date, 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 notice shall be given to other persons entitled to notice.

010.02(C). The notice referred to in subsection 010.02B shall include the following:
010.02(C)(i). The names and mailing addresses of all parties and other persons to whom notice is being given by the Hearing Officer;

010.02(C)(ii). The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the Department;

010.02(C)(iii). The official file or other reference number, the name of the proceeding, and a general description of the subject matter;

010.02(C)(iv). A statement of the date, time, place, and nature of the prehearing conference;

010.02(C)(v). A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;

010.02(C)(vi). The name, official title, mailing address, and telephone number of the Hearing Officer for the prehearing conference;

010.02(C)(vii). 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 these rules; and

010.02(C)(viii). Any other matters that the Hearing Officer considers desirable to expedite or otherwise improve the proceedings.

010.03. The Hearing Officer may conduct a prehearing conference to deal with such matters as exploration of settlement, possibilities, preparation of stipulations, clarification of issues, rulings on 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. If a prehearing conference is conducted, the Hearing Officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.

010.04. 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.

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