Nebraska Administrative Code
Topic - PROFESSIONAL PRACTICES COMMISSION
Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION
Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS
Section 95-1-004 - Hearings

Universal Citation: 95 NE Admin Rules and Regs ch 1 § 004

Current through May 7, 2025

004.01 Appointment of Hearing Panel

If the Petition and Answer meets the procedural requirements of this Chapter, the Chairperson of the Commission shall appoint a hearing panel of not less than seven Commission members to conduct a hearing an determine the Findings of Fact, Conclusions of Law, and a Recommendation or Final Decision of the Commission. The Chairperson of the Commission shall designate one person to serve as the chairperson of the hearing panel.

004.02 Setting of Hearings

The chairperson of the hearing panel shall set the time and place for any hearing which shall be at least seven days after the deadline for the filing of answers, unless agreement to set an earlier time is stipulated by Petitioner and Respondent.

004.03 Consolidation

The chairperson of the Commission may order two or more petitions that are legally or factually related to be heard together on a consolidated record, unless any party makes a showing, sufficient to satisfy the chairperson, that he or she would be prejudiced thereby.

004.04 Prehearing Conference

If the Petitioner or Respondent requests a prehearing conference, the chairperson of the hearing panel or legal counsel may hold a prehearing conference with the parties. The prehearing conference may be held in person or by telephone. A telephonic prehearing conference may be used at the discretion of the chairperson or legal counsel. The conference shall be for the purpose of, but not limited to, the following: simplifying the issues, amending the Petition or Answer, stipulating to the facts, stipulating to a proposed settlement, submission of witness and exhibit lists, identification of exhibits, application for subpoenas, and requests for discovery orders. The chairperson or legal counsel may hold a prehearing conference upon his or her own motion if in his or her discretion he or she determines that a prehearing conference Is needed.

004.05 Location

The hearing shall be held in Lincoln, Lancaster County, Nebraska. Upon joint application or showing by the parties, or upon an independent determination by the chairperson of the hearing panel, that another location would be more convenient to the parties and witnesses, the chairperson of the hearing panel may set the hearing outside of Lincoln.

004.06 Closed Hearing

Upon the specific request of the Respondent or Petitioner to hold a closed hearing, the hearing panel may hold a closed hearing to prevent needless injury to any individual.

004.07 Conduct of Hearing

At the time of hearing:

004.07A The chairperson designated to preside at the hearing shall open and close the proceedings and take appearances. The chairperson or legal counsel, if appointed, shall rule on motions, objections, and matters of evidence.

004.07B Reasonable opportunity shall be afforded all parties to present evidence and argument. The chairperson of the hearing panel may set reasonable time limits on presentations and arguments.

004.07C Failure of the Petitioner or his or her representative, to appear at the time and place set for hearing, unless otherwise allowed by the chairperson for good cause shown, shall be deemed sufficient grounds for the hearing panel to dismiss the Petition.

004.07D Informal procedures covering the conduct of hearings shall be subject to the discretion and direction of the hearing panel at the time of such hearing, unless otherwise specified in this Chapter.

004.08 Legal Counsel

The Commission shall appoint legal counsel to advise and counsel the chairperson in the performance of his or her duties under this chapter, and, upon agreement of the parties, to rule on questions of law during the course of the hearing.

004.09 Appearances

Any individual may appear on his or her own behalf before the hearing panel; however, an individual may appear on behalf of another at any proceeding before the hearing panel only if:

004.09A He or she has been admitted to practice law before the Nebraska Supreme Court, or

004.09B He or she has been admitted to practice law before the Supreme Court of any state and is accompanied by a person admitted to practice law before the Nebraska Supreme Court.

004.10 Briefs

Submission of briefs may be required by the chairperson or legal counsel of the hearing panel. If required, the time in which briefs shall be filed will be fixed by the chairperson at the close of the hearing.

004.11 Record of Proceedings

The certified court reporter appointed by the Commission shall report and transcribe all testimony given in hearings before the Commission.

004.12 Ex Parte Communications

No ex parte communications relative to the merits or any threat or offer of reward shall be made to any member of the Commission at any stage of a proceeding by any party to the proceeding, or by any person who has a direct or indirect interest in the proceeding, or by his/her authorized representative or counsel. A member of the Commission who receives an ex parte communication concerning a case shall place on the record of the case, the name of the person making the communication and its nature.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.