§ 3-123. Review by Commission.
(A) Any applicant who has had an adverse decision, as defined in § 3-101(B), may within 30 days after the email notice of the adverse decision request a hearing before the Commission. The Nebraska Rules of Evidence do not apply to hearings before the Commission under these Rules.
(B) Hearing Procedure. The Commission shall set the matter for hearing as soon as practicable. The Commission may set additional hearings as necessary. The following shall be allowed:
(1) the applicant may have an attorney present at the hearing and
(2) the applicant may submit a concise written brief 7 days prior to the hearing setting forth the reasons why the adverse decision or other challenged ruling of the Commission should be altered.
(C) The Commission or applicant may, at either the Commission's or the applicant's expense, arrange to have the proceeding recorded and transcribed.
(D) Both the Commission and the applicant may present evidence in the form of witnesses and documents. The Commission may limit argument, request briefing on specific matters and subpoena documents or witnesses. Without waiving any rules of confidentiality stated in these Rules, the Commission may, in its discretion, provide to the applicant copies of any of its documentary evidence in advance of the hearing.
(E) The Commission will advise the applicant of its decision in writing. In the event that the applicant is dissatisfied with the decision of the Commission, the applicant may, within 30 days from the date of the written decision of the Commission, appeal the decision to the Supreme Court as provided in § 3-126.
§ 3-123 adopted July 25, 2013, effective August 1, 2013; § 3-123(D) amended January 14, 2015; § 3-123(B) and (E) amended October 28, 2020; § 3-123 amended March 12, 2025, effective April 1, 2025.