Introduction
The Nebraska Equal Opportunity Commission (NEOC) is responsible for enforcing
the Fair Employment Practice Act and the Nebraska Civil Rights Act of
1969. Both provide for Public Hearings after conciliation has
failed. Public Hearings held pursuant to those statutes are governed by
the statutes themselves and the accompanying Rules and Regulations of the
NEOC. Those sources should be reviewed in detail prior to any Public
Hearing. Copies of all Rules and Regulations can be obtained from the
office of the NEOC.
The Process
If conciliation between the parties fails, the Director of Conciliation will
advise the parties and inform them that the case may be processed for Public
Hearing. The parties will receive a Letter of Determination advising them
that action was taken and that the Commission ordered a Public Hearing.
This Letter of Determination is not a hearing notice, but does state that a
hearing notice will be received by the parties at a later date. The
Complainant will receive a drafted formal complaint and an accompanying
letter. The Complainant must sign and return the complaint within a stated
period of time if he/she wishes to proceed to the Public Hearing.
The Respondent is given an opportunity to file an Answer. The parties
will receive a Notice of Public Hearing containing the name of the Hearing
Examiner. The Hearing Examiner will then notify the parties of the date
and place of a pre-hearing conference, and the date and place of the Public
Hearing. The parties can review the NEOC case file by directing a request,
in writing, to the Executive Director.
The Public Hearing process is an entirely new proceeding and the designated
Hearing Examiner does not have access to the prior investigative file.
Hence, the only evidence considered by the Hearing Examiner is evidence that is
introduced at the Public Hearing. For this reason, it is advisable for the
parties to be represented by attorneys at the Public Hearing, as an attorney is
trained in methods used to introduce the proper evidence.
Pre-Hearing Conference
Generally, the Pre-Hearing Conference follows the Rules used in the District
Court. Pre-Hearing Conference procedure is left to the discretion of the
Hearing Examiner, although the parties should appear prepared to consider.
- The simplification of issues;
- The necessity of desirability of amendments to the pleadings;
- The possibility of obtaining admissions of facts and of documents which
will avoid unnecessary proof;
- The limitation of the number of witnesses with a view of avoiding improper
cumulative testimony;
- Such other matters as in the Hearing Examiner's discretion may aid in the
disposition of the action;
- Settlement of the case. Although parties had an opportunity to
settle the case during conciliation, settlement can always be discussed by
the parties during the Public Hearing process. If settlement is
reached, the case will be dismissed once the settlement is approved by the
NEOC.
Discovery, Subpoenas
The discovery rules used when practicing in the District Court are
applied. Applications for subpoenas are available from the NEOC, Lincoln
office.
Pleadings
The form of complaints, answers, motions, amendments, and stipulations is not
dictated by the rules, but it is recommended that the form of pleadings be
patterned after those commonly used in the District Court.
The Rules and Regulations provide for the deadlines and procedures for filing
all pleadings.
The Hearing
The Public Hearing must be held in the county where the alleged discriminatory
action took place. While the hearings are often held in county or city
buildings, it is sometimes necessary to hold hearings in whatever space is
convenient and necessary. The Rules and Regulations provide that the same
rules and evidence and procedure that govern in the District Courts of Nebraska
will also apply at the NEOC Public Hearings. Any questions regarding the
hearing process should be directed to the individual Hearing Examiner.
The Hearing Examiner
The Hearing Examiner is appointed by the Commission and acts as an
Administrative Law Judge in conducting the Public Hearing. The Hearing
Examiner is responsible for ruling on evidentiary issues, weighing the evidence,
and issuing a Recommended Order.
Final Orders
The Hearing Examiner's Recommended Order will be reviewed by the
Commission. The Commission may accept the order in full, modify the Order,
or take any other action deemed necessary. The parties will receive a
Commission Final Order indicating what action was taken. After the
decision becomes final, a petition for judicial review, if desired, must be
filed within 30 days in District court in the district where the Public Hearing
was held. Otherwise, the Final Order of the Commission becomes binding and
enforceable by the applicable District Court.
