144 Neb. Admin. Code, ch. 1, § 004
In general, a contested case begins:
Notwithstanding the procedures set forth in these regulations for hearing, when provided by law, an evidentiary hearing is not required and a matter shall be dismissed summarily by the Commission or hearing officer, as applicable in the particular case, after the filing of a civil action by the aggrieved party under state or federal law seeking relief with respect to that discriminatory practice.
A party may appear on his or her own behalf in a contested case proceeding or may be represented by an attorney or other representative as permitted by law. The attorney representing any party shall file her or his appearance with the Commission, and thereafter all notices, orders and other documents served by the Commission may be served upon said attorney instead of upon the party she or he represents, unless said attorney or said party notifies the Commission in writing that said attorney no longer represents, or is authorized to represent, that party.
The pleadings in a contested case may include a charge, answer, reply, notice, motion, stipulation, objection, or other formal written document filed in a proceeding before an agency.
Sources: Neb. Rev. Stat. § 20-333(1)(b)(ii)
All pleadings shall be filed with the agency at its official office. Pleadings are considered filed when received by the agency during regular business hours. Submission for filing may be accomplished by personal delivery or mail, or by facsimile or other electronic methods authorized by the Commission, at or directed to the official Commission office set forth below and will be received during regular office hours of the Commission. Regular office hours for the Commission are from 8:00 a.m. to 5:00 p.m., Central time, Monday through Friday, exclusive of state or federal holidays. When a filing is submitted after regular business hours, or when a filing or submission date falls on a weekend or legal holiday, the date for such filing or submission shall be the next business day. Filings should be addressed or delivered to the Nebraska Equal Opportunity Commission at:
Nebraska Equal Opportunity Commission
P.O. Box 94934
301 Centennial Mall South, 5th Floor
Lincoln, NE 68509-4934
Unless otherwise provided by law, all pleadings subsequent to the initial charge shall be served by the party filing such pleading upon the hearing officer, all attorneys of record or other representatives of record and upon all unrepresented parties. Service shall be made personally or by first-class or certified mail. Every such pleading shall be accompanied by a certificate of service signed and dated by the party, if unrepresented, or party's attorney containing a statement as to the date of service, the method of service, the party(ies) served and the address at which served. The certificate shall state that the signer certifies that a true and correct copy of the pleading was served upon the other parties at the addresses indicated in the certificate and by the method described, and shall be signed and dated and include the signer's address, telephone number, and bar number, when applicable.
Unless otherwise provided in these rules and regulations, proof of service shall consist of either the return receipt from service by certified or registered mail or the verified return of the individual who made personal service setting forth the manner of such service. Proofs of service shall be filed with the Commission.
Unless section 004.02 or other state law or regulation provides that a hearing is not required, a hearing date shall be set by the agency or hearing officer in accordance with statutory requirements. A written notice of the time and place of hearing and the name of the hearing officer, if known, shall be served by the agency or hearing officer upon all attorneys of record or other representatives of record and upon all unrepresented parties. The notice must include a proof of such service and will be filed with the agency.
Source: Neb. Rev. Stat § 20-336(1)
Source: Neb. Rev. Stat. § 20-336(1)
Source: Neb. Rev. Stat. § 20-337(1)
In computing time prescribed or allowed by these rules and regulations or by any applicable statute in which the method of computing time is not specifically provided, days will be computed by excluding the day of the act or event and including the last day of the period. If the last day of the period falls on a Saturday, Sunday, or state or federal holiday, the period shall include the next working day.
The hearing officer may order two or more proceedings which are legally or factually related to be heard and considered together on a consolidated record, unless any party thereto makes a showing, sufficient to satisfy the Commission or hearing officer, that it would be prejudiced by the consolidation.
Hearings shall be conducted as expeditiously and inexpensively as possible consistent with the needs of the parties and their rights to obtain a fair hearing and a complete record.
At any time during the course of a contested case, the hearing officer conducting the hearing may permit the attorneys of the parties, or any party who is not represented by an attorney, to argue orally before her or him or to file briefs within such time as she or he may determine. Each party filing a brief shall file one copy with the Commission at its principal office and serve one copy upon the hearing officer conducting the public hearing and shall at the same time serve a copy thereof, personally or by certified mail, on all other parties. Unless otherwise specified by the hearing officer, no reply briefs may be filed with the hearing officer, nor will any be received by the hearing officer conducting the public hearing.
144 Neb. Admin. Code, ch. 1, § 004