95 Neb. Admin. Code, ch. 1, § 004
If the Petition and Answer meets the procedural requirements of this Chapter, the Chairperson of the Commission shall appoint a hearing panel of not less than seven Commission members to conduct a hearing an determine the Findings of Fact, Conclusions of Law, and a Recommendation or Final Decision of the Commission. The Chairperson of the Commission shall designate one person to serve as the chairperson of the hearing panel.
The chairperson of the hearing panel shall set the time and place for any hearing which shall be at least seven days after the deadline for the filing of answers, unless agreement to set an earlier time is stipulated by Petitioner and Respondent.
The chairperson of the Commission may order two or more petitions that are legally or factually related to be heard together on a consolidated record, unless any party makes a showing, sufficient to satisfy the chairperson, that he or she would be prejudiced thereby.
If the Petitioner or Respondent requests a prehearing conference, the chairperson of the hearing panel or legal counsel may hold a prehearing conference with the parties. The prehearing conference may be held in person or by telephone. A telephonic prehearing conference may be used at the discretion of the chairperson or legal counsel. The conference shall be for the purpose of, but not limited to, the following: simplifying the issues, amending the Petition or Answer, stipulating to the facts, stipulating to a proposed settlement, submission of witness and exhibit lists, identification of exhibits, application for subpoenas, and requests for discovery orders. The chairperson or legal counsel may hold a prehearing conference upon his or her own motion if in his or her discretion he or she determines that a prehearing conference Is needed.
The hearing shall be held in Lincoln, Lancaster County, Nebraska. Upon joint application or showing by the parties, or upon an independent determination by the chairperson of the hearing panel, that another location would be more convenient to the parties and witnesses, the chairperson of the hearing panel may set the hearing outside of Lincoln.
Upon the specific request of the Respondent or Petitioner to hold a closed hearing, the hearing panel may hold a closed hearing to prevent needless injury to any individual.
At the time of hearing:
The Commission shall appoint legal counsel to advise and counsel the chairperson in the performance of his or her duties under this chapter, and, upon agreement of the parties, to rule on questions of law during the course of the hearing.
Any individual may appear on his or her own behalf before the hearing panel; however, an individual may appear on behalf of another at any proceeding before the hearing panel only if:
Submission of briefs may be required by the chairperson or legal counsel of the hearing panel. If required, the time in which briefs shall be filed will be fixed by the chairperson at the close of the hearing.
The certified court reporter appointed by the Commission shall report and transcribe all testimony given in hearings before the Commission.
No ex parte communications relative to the merits or any threat or offer of reward shall be made to any member of the Commission at any stage of a proceeding by any party to the proceeding, or by any person who has a direct or indirect interest in the proceeding, or by his/her authorized representative or counsel. A member of the Commission who receives an ex parte communication concerning a case shall place on the record of the case, the name of the person making the communication and its nature.
95 Neb. Admin. Code, ch. 1, § 004