442 Neb. Admin. Code, ch. 5, § 012

Current through September 17, 2024
Section 442-5-012 - Formal Hearing
012.01Motion for Formal Hearing. Any party to an appeal filed under Neb. Rev. Stat. § 77-5007 may request a formal hearing by motion.
012.01APayment of Costs. The motion for formal hearing shall contain a statement that the requesting party accepts liability for the payment of fees and costs of a court reporter pending a final decision.
012.01B Cost of the court reporter as estimated by the Commission shall be prepaid by the party requesting the formal hearing.
012.02Formal Hearing Procedure.
012.02A The hearing on the merits will be held before the entire Commission, rather than a panel of commissioners.
012.02B The rules of evidence applicable in district court will be applied in the hearing. Neb Rev. Stat. § 77-5016(1).
012.02C A court reporter will be retained to record the proceeding.
012.02D Fees and costs of a court reporter in a formal proceeding shall be paid by the party or parties against whom a final decision is rendered; other costs shall be allocated as the Commission may determine. Neb. Rev. Stat. § 77-5016(1).

442 Neb. Admin. Code, ch. 5, § 012

Amended effective 6/7/2021