A. In accordance with Neb. Rev. Stat. § 48-635, a hearing before the Appeal Tribunal shall be conducted in an informal manner and the common-law or statutory rules of evidence and other technical rules of procedure shall not apply.B. All testimony shall be taken under oath or affirmation. Evidence may be excluded should the hearing officer find it to be incompetent, irrelevant, immaterial, or unduly repetitious.C. At the beginning of any hearing at which the appealing party appears, the hearing officer shall mark the Hearing File as an exhibit and shall admit it into evidence. The documents in the Hearing File shall be self-authenticating as records of the agency. Any party may use any portion of the Hearing File when presenting its case, and the hearing officer may question the parties about any documents in the Hearing File. The hearing officer shall consider the documents in the Hearing File when making findings of fact and conclusions of law and shall determine what weight to give to the documents.D. Each party shall have the right to present evidence, both oral and documentary. Each party shall have the right to cross-examine witnesses and to present rebuttal evidence.E. The hearing officer shall have the right in his or her discretion to limit the number of witnesses whose testimony may be incompetent, irrelevant, immaterial or unduly repetitious and may also limit the cross-examination of witnesses so as not to prolong the hearing unnecessarily and unduly burden the record.F. A party wishing to offer a document into evidence should provide a copy to all other parties prior to the time set for the hearing and sent to the Appeal Tribunal at least 24 hours prior to the time of the hearing. Documents not provided to all parties prior to the hearing shall be received into evidence only for good cause shown. The hearing officer shall have the right in his or her discretion to exclude the number of documents that may be ineffectual, irrelevant, immaterial, or unduly repetitive. Documents marked and offered into evidence shall become part of the record of the hearing, regardless of whether they are actually received into evidence. Upon request, copies may be substituted if original documents are presented.G. Objections to evidence shall be made to the Appeal Tribunal at the time the evidence is offered.H. A hearing officer shall take official notice of the determination appealed, the Nebraska Employment Security Law, any relevant federal statute, any relevant unemployment insurance program letter issued by the United States Department of Labor and any relevant regulation of the Department, pursuant to Neb. Rev. Stat. § 84-914. A hearing officer may take official notice of other facts as authorized in Neb. Rev. Stat. § 84-914.I. The hearing officer shall function as an impartial fact finder and must attempt to obtain the reasonably available, competent evidence necessary to resolve the issues of the case, but shall not act as an advocate for any party.J. All testimony before the Appeal Tribunal shall be recorded. Parties to a proceeding may obtain a duplicate recording or transcript upon written request and by paying the actual cost of duplication, transcription, and mailing to the Appeal Tribunal.224 Neb. Admin. Code, ch. 1, § 015
Amended effective 10/16/2022