Section 249-1-006 - HEARING OFFICERS006.01Appointment.Hearing Officers shall be appointed by the Director in writing. Such appointment shall be of public record in the Director's office.
006.02Qualifications.Hearing Officers shall be attorneys licensed to practice law in Nebraska.
006.03Unbiased and Impartial.The Hearing Officer appointed by the Director is not a party to the proceedings and shall perform as an unbiased and impartial arbiter of the facts.
006.04 A person who has served as investigator, prosecutor, or advocate in the CDL disqualification of the Appellant in a specific CDL disqualification hearing 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 006.06.006.05 A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in the CDL disqualification hearing 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 006.06 of the CDL disqualification hearing.006.06 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 CDL disqualification of the Appellant in a specific CDL in its prehearing stage, may assist a hearing officer in the preparation of orders.006.07 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.006.08 A person may serve as hearing officer at successive stages of the same contested case.006.09Recusal.No Hearing Officer shall participate in a hearing in which they have an interest. For good cause shown or on the Director's own motion, the Hearing Officer may recuse his or herself from conducting the hearing. Motions for recusal by the Appellant shall be made in writing to the Director and must be received no later than three (3) days prior to the date of the hearing.
006.10Powers and Duties.The Hearing Officer shall have the duty to conduct full, fair, and impartial hearings, to take appropriate action to avoid unnecessary delay in the disposition of the proceeding and to maintain order. He or she shall have the power to:
006.10A Preside at hearings on commercial motor vehicle license disqualification;006.10B Administer oaths and affirmations;006.10C Issue subpoenas as authorized;006.10D Compel discovery and impose appropriate sanctions for failure to make discovery;006.10E Rule upon offers of proof and receive relevant, competent and probative evidence;006.10F Regulate the course of the proceedings in the conduct of the parties and their representatives;006.10G Hold prehearing conferences for simplification of the issues, settlement of the proceedings, or any other proper purposes;006.10H Consider and rule orally or in writing, upon all procedural and other motions appropriate in adjudicative proceedings;006.10I Fix the time for holding the record open for additional evidence or for submission of briefs;006.10J Exclude persons from the hearing;006.10K Issue recommended decisions, rules and orders, as appropriate; and006.10L Take any other action consistent with the purpose of the law.249 Neb. Admin. Code, ch. 1, § 006