Current through September 17, 2024
Section 49-5-007 - DECLARATORY ORDER PROCEEDINGS007.01 Oral argument shall be had only on specific order of the Department. A petitioner, intervenor, necessary party, or the Department may submit a motion for oral argument to the Director. If opportunity for oral argument is granted, then argument shall be scheduled to be conducted not more than thirty (30) days after filing of the petition for declaratory order. Petitioner and all other parties or, when represented, their attorneys, shall be served with a notice of the date, time, and location for oral argument. The Department shall provide each of the parties with notice of the proceeding not less than seven (7) days in advance of the scheduled date. Service shall be made by certified mail, return receipt requested. The Department may allocate the cost of holding oral argument among the parties participating in the declaratory action as it determines appropriate.007.02 Oral argument will be made before a hearing officer or before any representative of the Department who is authorized to render or to recommend a decision to the Director. The hearing officer or Department representative shall be in control of the proceeding and shall:007.02A Identify the proceeding and introduce himself or herself and identify each party for the record;007.02B Hear the oral argument of the petitioner, intervenor, or necessary parties; and007.02C Close the proceedings.007.03 At the declaratory order proceeding, Department staff shall have the right to present oral argument.007.04 The hearing officer or Department representative may impose reasonable time limits on the amount of time allocated to each party for oral argument.007.05 The parties and Department staff may file briefs in support of their respective positions. The hearing officer may fix the time and order of filing briefs and may direct that briefs be submitted prior to the date of oral argument.007.06 The oral argument may be conducted either in person or by telephone conference call.007.07 The Department shall prepare an official record, which shall include testimony and exhibits, in each declaratory action.007.07A It shall not be necessary to transcribe the record of the proceedings unless requested for purpose of rehearing or appeal, in which event the transcript and record shall be furnished by the Department upon request and tender of the cost of preparation.007.07B The Department shall maintain an official record of each declaratory action under the APA for at least four years following the date of the final order.49 Neb. Admin. Code, ch. 5, § 007