The commission shall have the authority to:

   (A) Grant and hold hearings, upon request, regarding the issues set forth in §§ 3-402.2 and 3-402.3.

   (B) Propose amendments to this article, § 3-401.1 et seq.

   (C) Issue orders to show cause relating to attorney noncompliance under § 3-401.11.

   (D) Determine issues of noncompliance and recommend suspension from the practice of law to the Nebraska Supreme Court.

   (E) In addition to the authority granted above, the commission shall perform any other duties as directed by the Nebraska Supreme Court.

   (A) If so requested by a sponsor, faculty, or sumbitting attorney within fifteen (15) days of the notice of course approval or denial, the commission shall grant a review hearing on the following issues relating to § 3-401.1 et seq. listed below. If a review hearing is requested by only a submitting attorney, no hearing shall be granted in situations where the resolution will have no impact on the record of the attorney such as when an attorney has met or exceeded the annual requirements for CLE under these rules:

   (1) The Director's denial of accredited CLE Sponsor status to a person or organization pursuant to § 3-401.6.

   (2) The Director's denial of individual course approval to a person, organization, or attorney as set forth in § 3-401.6(C) and § 3-401.7.

   (3) The Director's denial of an attorney's request for credit for activities other than attending accredited or approved courses as set forth in § 3-401.8.

   (4) The Director's denial of an attorney's request pursuant to § 3-401.10(D) to obtain an extension of time to file the written reports required by § 3-401.10.

   (5) The Director's denial of an attorney's application pursuant to § 3-401.13 to obtain an extension of time to complete or obtain a waiver of the minimum educational requirements as set forth in these rules.

   (B) Upon granting a review hearing, the commission shall serve notice of the time and place of the hearing on the parties by certified mail, return receipt requested, at the last known address of the party requesting such hearing.

   (C) The hearing shall be held upon not less than twenty (20) days' notice nor later than thirty (30) days after granting such request for hearing.

   (D) The parties shall be permitted to be represented by counsel, shall be permitted to examine and cross-examine witnesses, and may file with the commission any statement, answer, affidavit, document, exhibit, or any such other evidence as may be relevant to the issue at hand.

   (E) The commission shall have the right to receive any type of evidence it deems relevant and material. The hearing need not be conducted in accordance with the Nebraska Evidence Rules.

   (F) At the conclusion of the hearing, the commission shall make written findings of fact and conclusions of law and order appropriate corrective action. A copy of the findings, conclusions, and order shall be sent to all parties to the hearing.

   (G) A minimum of four (4) appointed commission members and the Nebraska Supreme Court Justice commission member must be present at any hearing.

   (H) An effort shall be made to hold all hearings required under these rules with distance technology to avoid the burdens of travel.

   (I) A majority vote of the commission members in attendance at the hearing is required in order to grant or deny relief. The Nebraska Supreme Court Justice commission member shall vote only in the event of a tie.

   (J) In the event there is more than one appeal of a course approval or denial, the matters shall be consolidated for appeal.

§ 3-402.2(A), (H), and (I) amended June 28, 2017; § 3-402.2(A), (A)(2), and (J) amended May 5, 2021.

   (A) When the commission has issued an order to show cause pursuant to § 3-401.11(B) based on a finding by the Director of noncompliance with these rules, an attorney may request and shall be entitled to a hearing before the commission.

   (B) Upon request for such hearing, the commission shall serve notice of the time and place of the hearing on the parties by certified mail, return receipt requested, at the last known address of the party requesting such hearing.

   (C) The hearing shall be held upon not less than twenty (20) days' notice nor later than thirty (30) days after the request for hearing.

   (D) The parties shall be permitted to be represented by counsel, shall be permitted to examine and cross-examine witnesses, and may file with the commission any statement, answer, affidavit, document, exhibit, or any such other evidence as may be relevant to the issue of noncompliance.

   (E) The commission shall have the right to receive any type of evidence it deems relevant and material. The hearing need not be conducted in accordance with the Nebraska Evidence Rules.

   (F) At the conclusion of the hearing, the commission shall make written findings of fact and conclusions of law and a determination of whether or not cause has been shown. A copy of the findings, conclusions, and order shall be sent to all parties to the hearing.

   (G) A minimum of four appointed commission members and the Nebraska Supreme Court Justice commission member must be present at any hearing.

   (H) If the commission determines that cause was not shown, a recommendation of suspension from the practice of law for failure to comply with these rules shall be made to the Nebraska Supreme Court.

   (I) A majority vote of the commission members in attendance at the hearing is required in order to grant or deny relief. The Nebraska Supreme Court Justice commission member shall vote only in the event of a tie.

Adopted November 26, 2008.