442 Neb. Admin. Code, ch. 4, § 010

Current through June 17, 2024

Section 442-4-010 - Attendance at Hearing

An appellant or petitioner must be present at any hearing on the merits of an appeal or petition with or without legal counsel, to avoid dismissal or relief by default unless their presence is waived by the Commission. Individuals required to be present by this rule are:

010.01 Natural Person

If an appellant or petitioner is a natural person, that person or their "guardian" or "conservator" or "next friend" as those terms are defined in Nebraska State Law and Nebraska Supreme Court decisions.

010.02 Legal Entity

If an appellant or petitioner is a corporation, partnership, limited partnership, limited liability company or other legal entity, an officer, partner, general partner, member, manager, or other person holding similar authority or a full-time salaried employee of the entity.

010.03 Trustee

If an appellant or petitioner is a trustee, that trustee.

010.04 Union, Association, or Other Organization

If an appellant or petitioner is a union, association, or any other organization, a director, officer, or full-time salaried employee of the union, association, or other organization.

010.05 More Than One Property Owner

If property is owned by more than one person, one of the property owners as provided in this rule.

010.06 Government

If an appellant or petitioner is an elected or appointed official, officer, director, manager, that person, or if the appellant or petitioner is a political subdivision or state agency, a director, officer or full time employee of the political subdivision or state agency.

010.07 Other Persons

If an appellant or petitioner is any other person including but not limited to a successor in interest, lessee, licensee, any bankruptcy trustee, receiver, personal representative, or any other person appointed by a Nebraska Court or a Court of the United States, that person.

010.08 Failure to Appear

If an appellant/petitioner is not present at any hearing before the Commission within fifteen (15) minutes of a time for hearing, for which notice has been provided to the appellant/petitioner, the Commission may enter an order dismissing the appeal/petition or order relief by default.

010.09 Legal Counsel

Legal counsel may appear on behalf of a party.

010.10 Unauthorized Practice of Law

Only a person authorized to sign a pleading may appear before the Commission as a party or on behalf of a party, except as may be allowed by these rules or decisions of the Nebraska Supreme Court. (See, Chapter 5, Section 001.04).

010.10A Nonresident Legal Counsel. A lawyer admitted in another jurisdiction and not disbarred or suspended from practice in any jurisdiction, may, on motion served on all parties to the appeal/petition, appear on behalf of a party in an appeal/petition before the Commission provided that:

010.10A1 Prior to undertaking any legal representation a written motion is filed with the Commission requesting an order granting nonresident attorney's motion to appear on behalf of a party;

010.10A2 A nonresident attorney shall, if the motion to appear is granted, take the oath required by Neb. Rev. Stat. § 7-104; and,

010.10A3 A written showing is filed with the Commission stating that legal services will be provided on a temporary basis and are (1) undertaken in association with a lawyer who is admitted to practice in Nebraska and who will actively participate in the proceeding; (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer of person the lawyer is assisting is authorized by law or order to appear in such proceedings or reasonably expects to be so authorized; (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in Nebraska or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice; (4) are not within (2) or (3) and arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice. See Rule 5.5(c) of the Nebraska Rules of Professional Conduct as promulgated by the Nebraska Supreme Court.

010.10B A lawyer admitted in another United States jurisdiction and not disbarred or suspended from practice in any jurisdiction, may appear before the Commission if the legal services provided are provided to the lawyer's employer or its organizational affiliates; or are services that the lawyer is authorized to provide by federal law or the laws of Nebraska. See Rule 5.5(d) of the Nebraska Rules of Professional Conduct as promulgated by the Nebraska Supreme Court.

010.12 Withdrawal of Legal Counsel

Upon timely motion stating good cause shown and an affidavit which recites that legal counsel has served a copy of the motion on his or her client and all parties, legal counsel shall be permitted to withdraw.

EXPLANATORY STATEMENT

The unauthorized practice of law in Nebraska is prohibited by statute. Neb. Rev. Stat. § 77-101. Rules and decisions of the Nebraska Supreme Court define the term unauthorized practice of law. Legal Counsel and the attorney members of the Commission are required to act in accordance with the statute, and the rules and decisions of the Court.

442 Neb. Admin. Code, ch. 4, § 010