Nebraska Administrative Code
Topic - PUBLIC ADVOCACY, COMMISSION ON
Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY
Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION
Section 70-16-005 - Hearing Officer: Criteria

005.01 An agency may be authorized by law to delegate to a hearing officer other than the agency head or governing board the functions of conducting a prehearing conference and/or a hearing and submitting a recommended decision to the agency.

005.02 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 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 stage may not serve as hearing officer or advise a hearing officer in the same proceeding except as provided in subsection 005.04.

005.04 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 stage may assist a hearing officer in the preparation of orders.

005.05 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 assist or advise a hearing officer in the same proceeding.

005.06 A person may serve as hearing officer at successive stages of the same contested case.