Current through March 20, 2024
006.01 If a
hearing is requested, it will be held pursuant to the Nebraska Administrative
Procedures Act and the Nebraska State Patrol Title 272, Chapter 1, Rules and
Regulations. The offender will specify through pleadings or at a prehearing
conference what aspect of the registration requirements are being challenged.
006.01A Due to the sensitive nature of the
evidence which may be presented, the hearings shall be closed.
006.01B Evidence presented by either party in
the form of written exhibits shall have the name(s) of the victim(s) redacted
to ensure confidentiality. Exhibits will display the first and last initials of
the victim(s) in any location where the name has been redacted. During
testimony, the victim(s) will be referred to by first and last initials
only.
006.01C The scope of the
hearing for applicability will include a review of the information used in
making the determination. The scope of the hearing for reduction of the fifteen
(15) year registration period will include a review of the registrant's
criminal history, periods of supervised release, probation, parole and
information concerning appropriate sex offender treatment.
006.01D Persons required to register for
fifteen (15) years who request a hearing for reduction of the registration
duration can only make such request once a year following the completion of ten
(10) years of the registration period.
006.01E The State has the burden of going
forward with evidence.
006.01F A
decision will be made by the Superintendent within fifteen (15) working days of
the hearing.
006.01G Appeals from
the Superintendent's decision shall be filed in the District Court of Lancaster
County, in accordance with the procedures set forth in the Nebraska
Administrative Procedures Act.
006.02 The Superintendent of the Nebraska
State Patrol may delegate to a hearing officer the functions of conducting
prehearing conferences and hearings, and submitting a recommended decision. The
Hearing Officer has the duty to conduct full, fair and impartial hearings, to
take appropriate action to avoid unnecessary delay in the disposition of the
proceeding, and to maintain order. Hearing Officers will have the following
powers:
006.02A To administer oaths and
affirmations;
006.02B To issue
subpoenas as authorized;
006.02C To
compel discovery and to impose appropriate sanctions pursuant to the Nebraska
Supreme Court Rules for failure to make discovery;
006.02D To rule upon offers of proof and
receive relevant, competent and probative evidence;
006.02E To regulate the course of the
proceedings in the conduct of the parties and their representatives;
006.02F To hold prehearing conferences for
simplification of the issues, settlement of the proceedings, or any other
proper purposes;
006.02G To
consider and rule orally or in writing, upon all motions appropriate in
adjudicative proceedings;
006.02H
To fix the time for holding the record open for additional evidence or for
submission of briefs;
006.02I To
exclude people from the hearing;
006.02J To issue recommended decisions,
rulings, and orders, as appropriate;
006.02K To receive exhibits and testimony so
as to ensure a complete and accurate record in all hearings, including those
where the agency is not represented by counsel;
006.02L To consider any relevant and
probative evidence offered;
006.02M
To take any other action consistent with the purpose of the
law.
006.03 The hearing
officer may, in his or her discretion, grant extensions of time or continuances
of hearings upon the hearing officer's own motion or at the timely request of
any party for good cause shown. A party will file a written motion for
continuance within five (5) working days of the scheduled hearing or
pre-hearing conference, which states in detail the reasons why a continuance is
necessary and serve a copy of the motion on all other parties.
006.03A Good cause may include, but is not
limited to, the following:
006.03A1 Illness of
the party, legal counsel or witness;
006.03A2 A change in legal representation;
or
006.03A3 Pending written
stipulations by either party in preparation for resolution without
hearing.
006.04
In the event the Petitioner fails to appear for a pre-hearing conference or
hearing, a default disposition will be entered into the record in conformance
with the Administrative Procedure Act. A default disposition will result in the
Nebraska State Patrol's Administrative determination of the issue becoming the
basis for the final order.
