Current through September 17, 2024
Section 141-3-008 - Recommended Order and Decision008.01 Following the taking of testimony, the hearing of oral argument and the consideration of briefs, if any, filed by the parties, the Hearing Examiner conducting the public hearing shall have prepared and served upon the Commission and upon all parties to the proceedings, personally or by registered or certified mail, a written and signed Recommended Order and Decision.008.02 The Recommended Order and Decision shall include: 008.02A A summary of the respective contentions of the parties.008.02B The Hearing Examiner's findings of fact based upon, and limited to, the testimony and other evidence in the record of the public hearing and upon evidence of which judicial notice may be taken by courts of record in the State of Nebraska.008.02C The Hearing Examiner's determination as to whether or not a preponderance of the evidence sustains the complaint.008.02D If it is the Hearing Examiner's determination that a preponderance of the evidence does not sustain the complaint, a recommended order of dismissal of the complaint.008.02E If it is the Hearing Examiner's determination that a preponderance of the evidence does sustain the complaint, a recommended order requiring the respondent to cease and desist from the discriminatory public accommodations practice or practices complained of and to take such affirmative or other actions with respect to the complainant as will eliminate the effect of the discriminatory public accommodations practice or practices complained of, including but not limited to any one or more of the following: the extension of full, equal and unsegregated accommodations, advantages, facilities and privileges to all persons as in the judgement of the Commission will effectuate the purpose of this Act.008.02F If any case to which 3.008.02E is applicable, a provision for reasonable reports to the Commission of complaince with the Recommended Order and Decision.141 Neb. Admin. Code, ch. 3, § 008