(1) A person who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection (3) of this section.
(2) A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection (3) of this section.
(3) If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as, investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a hearing officer in the preparation of orders.
(4) A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.
(5) A person may serve as hearing officer at successive stages of the same contested case.
Notes of Decisions
City of Lincoln v. Cent. Platte Nat. Resources Dist., 638 N.W.2d 839 (Neb. 2002).
· cites it 15× “§ 84-914 (6)(c) and (d) *146 (Reissue 1999); (4) in denying Saunders County’s petition for a hearing before the director or a new and independent hearing officer, based on a violation of Neb. Rev. Stat. § 84-913.04 (Reissue 1999); and (5) in denying Saunders County’s request for…”
Saunders Cnty. v. Metro. Utils. Dist.-A, 645 N.W.2d 805 (Neb. Ct. App. 2002).
· cites it 14× “Central Platte NRD, supra, just as in the present case, Saunders County relied heavily on Neb. Rev. Stat. § 84-913.04 (Reissue 1999) as the basis for asserting that Sievers and France should have been precluded from continuing to be involved in the hearings on Saunders County’s…”
Betterman v. Dept. of Motor Vehs., 728 N.W.2d 570 (Neb. 2007).
· cites it 4× “Employment Status of Hearing Officer Betterman claims that the director violated Neb. Rev. Stat. § 84-913.04 (Reissue 1999) because the hearing officer was an employee of the DMV.”
— Neb. Rev. Stat. § 84-913.04(1) — 2 cases
City of Lincoln v. Cent. Platte Nat. Resources Dist., 638 N.W.2d 839 (Neb. 2002).
“§ 84-914 (6)(c) and (d) *146 (Reissue 1999); (4) in denying Saunders County’s petition for a hearing before the director or a new and independent hearing officer, based on a violation of Neb. Rev. Stat. § 84-913.04 (Reissue 1999); and (5) in denying Saunders County’s request for…”
Saunders Cnty. v. Metro. Utils. Dist.-A, 645 N.W.2d 805 (Neb. Ct. App. 2002).
“Central Platte NRD, supra, just as in the present case, Saunders County relied heavily on Neb. Rev. Stat. § 84-913.04 (Reissue 1999) as the basis for asserting that Sievers and France should have been precluded from continuing to be involved in the hearings on Saunders County’s…”
— Neb. Rev. Stat. § 84-913.04(2) — 1 case
Betterman v. Dept. of Motor Vehs., 728 N.W.2d 570 (Neb. 2007).
“Employment Status of Hearing Officer Betterman claims that the director violated Neb. Rev. Stat. § 84-913.04 (Reissue 1999) because the hearing officer was an employee of the DMV.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.