Section 442-5-018 - Conduct of a Proceeding018.01Presiding Hearing Officer. Each proceeding before the Commission will be conducted by a presiding hearing officer. 018.01ARulings. The presiding hearing officer shall rule on the admissibility of evidence and any motions or objections made during a hearing before the Commission.018.01BOaths. The presiding hearing officer is authorized to administer oaths on behalf of the Commission. 018.02 The presiding hearing officer may conduct any hearing before the Commission as follows: 018.02A The proceeding is called to order.018.02B Exhibits are offered and objections, if any, are ruled on or a ruling is reserved for testimony.018.02C The parties are advised of any information regarding the conduct of the hearing which the presiding hearing officer may deem relevant.018.02D Any preliminary motions are heard, and stipulations or agreed orders are entered.018.02E Each party may be permitted to make an opening statement. Opening statements take place in the same order as the presentation of evidence. 018.02FPresentation of Evidence.018.02F1 Evidence shall be presented in the following order:018.02F1a Evidence is presented by the appellant/petitioner.018.02F1b Evidence is presented by the appellee/respondent.018.02F1c Rebuttal evidence is presented by the appellant/petitioner. 018.02F1d Surrebuttal evidence is presented by the appellee/respondent. 018.02F2Witnesses. With regard to each witness who testifies, the following examination may be conducted: 018.02F2a Direct examination conducted by the party who called the witness. 018.02F2b Cross-examination by the opposing party.018.02F2c Questioning by Commissioners.018.02F2d Redirect examination by the party who called the witness. 018.02F2e Re-cross examination by the opposing party.018.02F2f Further questioning by Commissioners.018.02F3Closing Statements. After the evidence is presented, each party shall have the opportunity to make a closing statement. Closing statements shall be made in the same order as the presentation of evidence. The presiding hearing officer may request that the parties submit briefs in addition to or in lieu of closing statements.018.02F4Briefs. One or more of the Parties may request the opportunity to file briefs at any time before the matter is submitted for the Commission's decision. The presiding hearing officer may in his or her sole discretion, deny or grant the request. If granted, the presiding hearing officer shall set a briefing schedule and notify the parties of that schedule and the requirements for delivery to the Commission and any opposing party.442 Neb. Admin. Code, ch. 5, § 018
Amended effective 6/7/2021