97 Neb. Admin. Code, ch. 10, § 005

Current through September 17, 2024
Section 97-10-005 - Hearing
005.01 General

All hearings conducted pursuant to these rules will conform generally with the trial procedure in the District Courts of the State of Nebraska.

005.02 Motions

The Hearing Examiner may entertain any motion prior to or during the hearing; it shall be within the discretion of the Hearing Examiner to rule on motions immediately or to take them under advisement and proceed with the hearing; any motion taken under advisement will be ruled on within two weeks following completion of the hearing, and all parties will be advised as to the Hearing Examiner's ruling.

005.03 Opening Argument

Any party wishing to make an opening argument for the record may do so.

005.04 Presentation of Evidence

It shall be incumbent upon the petitioning lessees to present their case first, whereupon the Board of Educational Lands and Funds shall present its case. Rebuttal witnesses may be allowed in the discretion of the Hearing Examiner.

005.05 Hearing Examiner's Evidence

The Hearing Examiner shall have discretion to call any witnesses he desires after both parties have rested. In the event the Hearing Examiner's witnesses present new evidence, an opportunity for rebuttal will be allowed either party.

005.06 Closing Arguments

Any party wishing to make a closing argument for the record may do so.

005.07 Legal Briefs

The Hearing Examiner is authorized by these rules to require legal briefs to be filed within thirty days of the conclusion of the hearing by both parties. Said briefs shall direct their attention to the legal issues set forth in the pleadings.

005.08 Findings And Recommendations By Hearing Examiner

The Hearing Examiner shall file his findings and recommendations with the Board of Educational Lands and Funds as soon as is conveniently possible, and shall serve a copy thereof to all attorneys of record or other designated representative.

97 Neb. Admin. Code, ch. 10, § 005