144 Neb. Admin. Code, ch. 1, § 005
An agency may be authorized by law to delegate to a hearing officer other than the agency head or governing board the functions of conducting a prehearing conference and/or a hearing and submitting a recommended decision to the agency.
A person who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection 005.04.
A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or advise a hearing officer in the same proceeding except as provided in subsection 005.04.
If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a hearing officer in the preparation of orders.
A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.
A person may serve as hearing officer at successive stages of the same contested case.
Any hearing officer may, after being designated by the Commission to conduct a public hearing in a contested case, withdraw from the conduct of such public hearing by written request to the Commission stating the reasons that he or she is unable to conduct a hearing and, upon receipt of such written request, the Commission shall select another hearing officer to conduct the hearing and shall promptly advise all parties by certified mail of the name of the person so selected as hearing officer.
144 Neb. Admin. Code, ch. 1, § 005