Neb. Admin. Code § 316-34-005 — Declaratory Order Proceedings

005.01 Oral Argument, When. Any party may submit a motion for oral argument to the Hearing Officer. If an opportunity for oral argument is granted, then argument shall be scheduled to be conducted no more than 45 days after the petition was filed. The petitioner and all other parties shall be served by the Department with notice of the date, time, and location for oral argument. The Department shall provide all parties with notice of the proceeding not less than seven days in advance of the scheduled date. Service shall be made by certified mail, return receipt requested. 005.02 Oral Argument, Procedure. Oral argument will be made before the Hearing Officer. The Hearing Officer shall control the proceeding and shall: 005.02A Identify the proceeding, introduce himself or herself, and identify each party for the record; 005.02B Hear the oral arguments of the petitioner, Department, intervenors, and necessary parties; and 005.02C Close the proceedings. 005.03 At the declaratory order proceeding, Department staff has the right to present oral argument. 005.04 The Hearing Officer may impose reasonable limits on the amount of time allocated for oral arguments. 005.05 The parties and Department staff may file briefs in support of their positions. The Hearing Officer may fix the time and order of filing briefs and may direct that briefs be submitted prior to the date of oral arguments. 005.06 Oral arguments may be conducted either in person or by conference call. (Section 84-912.01, R.R.S. 2008. November 6, 2010.)