79 Neb. Admin. Code, ch. 9, § 009

Nebraska Administrative Code

Section: 79-9-009

Jurisdiction: NE

Bluebook Citation: 79 Neb. Admin. Code, ch. 9, § 009

009 Formal Complaint and Notice of Hearing. A formal complaint and notice of hearing before the Council will be served on the respondent by mailing a copy of it by certified mail, return receipt requested, to the respondent’s last known address or as otherwise provided by law, which may include personal service. The notice will comport with the requirements of Neb.Rev.Stat. §84-913. The hearing will be held within sixty (60) days from the date of the filing of the formal complaint, unless a continuance is granted for good cause by the Council or the presiding officer.

009.01 There will be a notice in large type or some other manner so as to be noticeably different from the type face of the rest of the complaint and hearing notice that failure to appear for a requested prehearing conference will result in sanctions being levied against the party failing to appear. Such sanctions may include, but are not limited to, a levy of costs incurred up to that point in the case and the entry of order recommending revocation of the respondent’s certificate. 009.02 All proceedings will be conducted in accordance with the Administrative Procedure Act, Neb. Rev. Stat. §84-901 et seq. and with Title 79 of the Nebraska Administrative Code, Chapter 4, as they relate to the pleadings, notice, ex parte communications, prehearing conferences, discovery and the progression of the actual contested case at hearing.

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