Section 4-1-(2) - ADOPTION, AMENDMENT AND REPEAL OF RULES(a) PUBLIC HEARING: A public hearing for the adoption, amendment or repeal of a rule as defined in section 84-901(2), R.R.S., 1943, shall be called upon a vote of at least five members of the Commission at any regular or special meeting thereof and said resolution calling for such public hearing shall state the time and place of such public hearing and such other terms and conditions for the notice and holding thereof as may be determined.(b) PUBLICATION AND NOTICE: Unless otherwise provided in said resolution, notice of such hearing shall be given at least 30 days prior thereto to the Secretary of State and by publication in a newspaper having a general circulation in the State. Such hearing shall be open to the public. Draft copies or working copies of the rule or regulation to be adopted, amended, or repealed shall be available to the public at the office of the Commission and the office of the Secretary of State at the time of giving notice. The contents of the notice shall comply with the requirements of § 84-907. Copies of said rule, amendment, or matter to be repealed shall be mailed by ordinary United States mail upon request.(c) HEARING PROCEDURE: The public hearing shall be at any regular or special meeting of the Commission and shall be conducted by a member of the Commission who shall open the hearing and direct that the proposed rule, amendment or matter to be repealed and the affidavit of publication of notice be made a part of the record and proceed to call for submission of data or views orally or in writing. The rules of evidence applicable in the district court shall not apply to such hearing except affect shall be given to the rules of privilege recognized by law and incompetent, irrelevant, immaterial and unduly repetitious evidence may be excluded. Those testifying shall be examined only by members of the Commission unless otherwise directed by the member of the Commission conducting the hearing.Such hearing may be closed by the hearing officer or by resolution of the Commission. The Commission may provide by resolution for the receipt of written data or written opinions to be included in the record after the close of the hearing. Except as otherwise provided by resolution of the Commission, the record of the hearing shall consist of the resolutions of the Commission, the names of the persons who appeared on the matter, whom they represent, a brief statement as to their positions and the documentation received, including, but not limited to, the proposed rule, amendment or matter to be repealed, the affidavit of publication of notice, and data or views submitted in writing.
4 Neb. Admin. Code, ch. 1, § (2)