Section 4-1-(7) - PRELIMINARY INVESTIGATION AND HEARING PURSUANT TO SECTIONS 49-14,124 and 49-14,125(a) NOTICES: All notices required pursuant to these sections shall be given by certified mail, return receipt requested.(b) PRELIMINARY INVESTIGATION-CONFIDENTIALITY: Except to the extent necessary to effect the investigation, and to the extent necessary in giving the notices required by section 49-14,124, no information as to the proceedings and records relating to a preliminary investigation until a final determination is made by the Commission shall be disclosed. Upon written request from the person alleged to be in violation of the law the proceedings shall be made public.(c) COMMENCEMENT AND TERMINATION OF INVESTIGATIONS:Investigations pursuant to the provisions of Section 49-14,124 shall be commenced at the direction of the Executive Director only (1) upon the filing of a complaint signed under oath stating a cause of action subject to the jurisdiction of the Commission, (2) upon the recommendation of the Executive Director evidenced in a notice of preliminary investigation issued pursuant to Section 49-14,124, or (3) upon a resolution of the Commission adopted upon a vote of at least five of the members taken in closed session at any regular or special meeting.
If the Commission upon a vote of at least five of the members makes a finding that the preliminary investigation fails to indicate probable cause for belief that the Nebraska Political Accountability and Disclosure Act has been violated, the investigation shall terminate. Such action shall constitute the exhaustion of administrative remedies provided by the Act pursuant to the provisions of Section 49-14,127.
If upon a majority vote of at least five of the members present and voting, the Commission finds that there is probable cause for belief that the Nebraska Political Accountability and Disclosure Act has been violated, hearing shall be initiated and conducted pursuant and subject to the provisions of Commission Rule 1-(6) and 1-(7)(d) and Section 49-14,125(2).
(d) HEARING PURSUANT TO SECTION 49-14,125: The hearing shall be conducted in closed session and the hearing officer may sequester all witnesses to be heard in said hearing and shall exclude from the hearing all other persons who are not members of the Commission, staff or necessary to the proceedings including the complainant except the party or parties complained against and their attorneys of record.(e) CONTINUING CONFIDENTIALITY: The confidentiality required in this rule as to Section 49-14,124 shall be maintained and continued until the Commission issues its determination that a violation has taken place or until the alleged violator requests in writing that the records and actions be made public.(f) PROCEDURE AND EVIDENCE: The provisions of this rule pertaining to procedure and evidence in contested cases, except as restricted by the confidentiality provisions of this rule and Sections 49-14,124 and 49-14,125, shall apply.(g) DECISION: The decision of the Commission making findings of fact and conclusions of law shall be upon a vote of at least five of the members and any sanction imposed pursuant to Section 49-14,126 shall be upon a vote of at least five of the members. A copy of said decision shall be sent to all of the parties to the proceedings conducted pursuant to Section 49-14,125(2) or their attorneys of record and to any person who filed a complaint under oath.4 Neb. Admin. Code, ch. 1, § (7)