Nebraska Administrative Code
Topic - SECRETARY OF STATE
Title 433 - SECRETARY OF STATE
Chapter 1 - TRUTH AND DECEPTION EXAMINERS
Section 433-1-002 - PROVIDE HEARING PROCEDURE
Current through March 20, 2024
002.01 To provide rules of procedure for appeals from determinations by the Secretary, his/her appointee or designee in any case in which the legal rights, duties or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing, and where an appeal process has not otherwise been established by state law or agency administrative rule.
002.02 Request for Hearing before the Secretary
Any affected party desiring to appeal a determination of the Secretary, his/her appointee or designee may file a typewritten request for hearing with the Secretary of State. The request shall be on 8 1/2 x 11 inch paper.
A request for hearing shall contain the following:
A request for hearing may be filed by personal delivery, ordinary mail, or registered or certified mail, addressed to:
Secretary of State
Suite 2300
State Capitol
Lincoln, Nebraska 68509
The request for hearing must be postmarked or personally delivered to the Secretary within 15 calendar days from the date of the determination which is the subject of the request for hearing. The Secretary may waive the time requirement for good cause shown. A written request for the waiver setting forth the reasons for the delinquency must accompany the request for hearing in order to be considered.
A copy of the request for hearing must be provided to each person whose interests could be affected by the hearing officer's decision. Service shall be accomplished at any time prior to the filing of the request for hearing in any manner permitted in section 002.02A4.
002.03 Advancement of the Case
Except as otherwise provided for by statute, the time and place of hearing will be set by the Secretary at his or her discretion.
The Secretary shall cause written notice to be sent to all interested parties by certified mail to their last known address at least 15 calendar days prior to the hearing. The notice shall include the time and place of the hearing and set forth the issue or issues involved.
An interested party who desires a continuance shall, immediately upon receipt of the notice of hearing, or as soon thereafter as facts requiring additional time are known, make a request for continuance of the Secretary, stating in detail the reasons why an extension of time is necessary. For good cause shown the Secretary may grant such a continuance and may at any time order a continuance on his or her own motion. Only under exceptional circumstances will requests for continuance of a hearing be considered unless submitted on or before the seventh calendar day prior to the hearing date.
002.04 Conduct of Hearings
Hearings will be conducted by the Secretary or such hearing officer as the Secretary may designate. The Secretary or hearing officer will open the proceedings, administer oaths or affirmations, act on pleadings not previously filed, receive evidence, rule on motions and objections relating to testimony and evidence, interrogate any witnesses to ascertain additional facts, and close the proceedings.
Any party to the proceeding may be represented by an attorney at law.
A party to the hearing will be allowed to:
The Secretary or hearing officer shall receive all evidence in accordance with the criteria set forth in S 84-914 R.R.S. 1943, as amended.
Upon completion of any hearing, the Secretary or hearing officer may take the matter under advisement and the Secretary shall make his or her decision and enter a written Order containing findings of fact and conclusions of law. The hearing officer may assist the Secretary in drafting suggested findings of fact and conclusions of law. The Order and accompanying findings and conclusions shall be served upon each interested party by mailing a copy, certified mail, or by personal delivery.
Disposition of the case may also be made, subject to the approval of the Secretary, by summary judgment, stipulation, agreed settlement, consent order or default.
002.05 Appeals
Except as otherwise provided by law, any party may appeal a final order of the Secretary to the district court in accordance with the provisions of S 84-917 R.R.S. 1943, as amended.
002.06 Stay Pending Hearing
The filing of a request for hearing shall not automatically stay enforcement of an order issued by the Secretary. The Secretary may order a stay upon motion thereof upon such terms as are deemed appropriate. Motions for stays will generally not be granted in cases where the order being appealed from relates to the enforcement of a statute or regulation pertaining to the health or safety of employees, or the general public.
