442 Neb. Admin. Code, ch. 3, § 008

Current through September 17, 2024
Section 442-3-008 - Special Master
008.01 A "Special Master" may hold informal hearing(s) on behalf of the Commission. At the conclusion of the hearing(s), the Special Master shall submit recommended Findings of Fact to the Commission. The duties of a Special Master shall not include the determination of Conclusions of Law or the final determination of any case or controversy. Neb. Rev. Stat. § 77-5009.
008.01A The recommended Findings of Fact of the Special Master shall be provided to the parties in writing.
008.01B The parties may, with the consent of the Commission, be afforded an opportunity to be heard before the Commission regarding the recommended Findings of Fact of the Special Master. The Commission may, with or without holding a hearing, adopt the recommended Findings of Fact in whole or in part. The Commission, in the alternative, may reject the Special Master's recommended Findings of Fact, and hold further hearings or request further evidence, as the Commission may determine.
008.02 A Special Master may also serve as the presiding hearing officer in a Formal or Informal Hearing. In any case where a Special Master is serving as a presiding hearing officer, that Special Master may make recommended findings of fact but shall not determine conclusions of law or participate in determining the disposition of the appeal.
008.03 Qualifications of Special Master

The Commission may seek to employ as Special Masters persons having such qualification as the Commission may determine.

008.04 Compensation

A Special Master appointed by the Commission will be compensated as the Commission and the Special Master may agree. Such compensation shall only be made in accordance with the provisions of Neb. Rev. Stat. § 77-5009.

008.05 Conflict of Interest
008.05A An individual shall not be appointed as a Special Master if that individual has a conflict of interest as defined in Chapter 2, § 001.14 of these rules.
008.05B A Special Master shall disqualify himself/herself in the case of a conflict of interest as defined in Chapter 2, § 001.14 of these rules.

442 Neb. Admin. Code, ch. 3, § 008