Section 49-4-008 - PREHEARING PROCEDURES008.01Prehearing conferences and orders A hearing officer designated to conduct a hearing may determine, subject to the Department's rules and regulations, whether a prehearing conference will be conducted. If a prehearing conference is not held, the hearing officer may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
008.01A If a prehearing conference is to be conducted: 008.01A1 The hearing officer shall promptly notify the Director of the determination that a prehearing conference will be conducted. The Director may assign another hearing officer for the prehearing conference.008.01A2 The hearing officer for the prehearing conference shall set the time and place of the conference and give reasonable written notice to all parties, to all persons who have filed written petitions to intervene and to all non-party participants in the matter.008.01A3 The notice referred to in Section 008.01A 2 of this Rule shall include the following: 008.01A3(a) The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;008.01A3(b) The name, official title, mailing address, and telephone number of the attorney who has been designated to appear for the Department;008.01A3(c) The name of the proceeding, and a general description of the subject matter;008.01A3(d) A statement of the time, place, and nature of the prehearing conference;008.01A3(e) A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;008.01A3(f) A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of a contested case or who fails to make a good faith effort to comply with a prehearing order may be held in default under the APA; and008.01A3(g) Any other matters that the hearing officer considers desirable to expedite the proceedings.008.01B The hearing officer shall conduct a prehearing conference, as may be appropriate, to deal with such matters as exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. 008.01B1 The hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference. 008.01B2 The hearing officer may, if there is not sufficient time for adequate written notice to the parties prior to the hearing, provide oral notice to the participants at the close of the pre-hearing conference of the matters determined at the pre-hearing conference. Such oral notice shall be made on the record, if the pre-hearing conference is recorded.008.01C The hearing officer may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity to participate in the entire proceeding while it is taking place.008.02Discovery in contested cases008.02A The hearing officer or a designee, at the request of any party or upon the hearing officer's own motion, may issue subpoenas, discovery orders, and protective orders in accordance with the Nebraska Rules of Civil Procedure except as may otherwise be prescribed by law. Subpoenas and orders issued under this Section may be enforced by the District Court of Lancaster County, Nebraska.008.02B Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall: 008.02B1 Quote the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena or excerpt of a deposition;008.02B2 State the reasons supporting the motion;008.02B3 Be accompanied by a statement setting forth the steps or efforts made by the moving party or his or her counsel to resolve by agreement the issues raised and that agreement has not been achieved; and008.02B4 Be filed with the Department. The moving party must serve copies of all such motions upon all parties, or their attorneys of record.008.02C Other than as provided in Section 008.02B 4 of this Rule, discovery materials need not be filed with the Department.008.03Continuances 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.
008.03AGood cause. Good cause for an extension of time or continuance may include, but is not limited to, the following:008.03A1 Illness of the hearing officer, party, attorney or witness;008.03A2 A change in legal representation; or008.03A3 On-going settlement negotiations. 008.03B A party must file a written motion for continuance which states in detail the reasons why a continuance is necessary and serve a copy of the motion on all other parties.008.03C Any party requesting a continuance may be required to submit affidavits in support of such request.008.03D Only under exceptional circumstances will a request for continuance of a hearing be considered unless submitted on or before the seventh day prior to the hearing date.008.04 Submission of Exhibits and List of Witnesses008.04A At least ten days prior to the date of the hearing, all parties to the proceeding shall file with the Director or hearing officer a list of all witnesses who will appear to testify at the hearing. This list shall include all relevant information on witnesses' background, along with witnesses' qualifications to testify. Each party shall serve such a list on each other party to the proceeding or its attorneys.008.04B At least ten days prior to the date of the hearing, each party to the proceeding shall file with the Director or hearing officer a copy of each exhibit to be introduced at the hearing. 008.04B1 A copy of each exhibit shall also be served on each other party to the proceeding, or its attorneys, at least ten days prior to the date of the hearing.008.04B2 Rebuttal exhibits shall be limited to those solely in rebuttal to testimony or exhibits introduced at the hearing and need not be submitted or produced until offered.008.05 The Director or hearing officer may accept the late filing of materials enumerated under this section for good cause shown. For purposes of this Section, good cause shall have the same meaning as is set forth in Section 008.03A of this Rule.008.06 If a continuance of the hearing is granted under Section 008.03 of this Rule, the time frame for submitting material under this Section shall be set by the hearing officer.008.07Informal Disposition Unless otherwise precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
008.08Summary Proceedings008.08A Whenever the Director believes by reason of substantial evidence that an emergency exists requiring immediate action to protect the safety and soundness of financial institutions in this state, as defined in Neb. Rev. Stat. § 8-101, he or she may issue a summary order pursuant to Neb. Rev. Stat. §§ 8-1,134 through 8-1,139 to abate such practices.008.08B The alleged violator or violators may request a hearing following the issuance of a summary order, which hearing shall be conducted as set forth in this Rule, with the right of appeal pursuant to the APA.49 Neb. Admin. Code, ch. 4, § 008