Current through September 17, 2024
Section 252-1-006 - Hearing Officer Criteria006.01 The Department may delegate to a hearing officer other than the Director the functions of conducting a prehearing conference and/or a hearing and submitting a recommended decision to the Department.006.02 A person who has served as an 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 006.04.006.03 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 assist or advise a hearing officer in the same proceeding except as provided in subsection 006.04.006.04 If all parties consent, a person 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.006.05 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 a hearing officer in the same proceeding.006.06 A person may serve as hearing officer at successive stages of the same contested case.252 Neb. Admin. Code, ch. 1, § 006