Nebraska Revised Statute 79-1164

Chapter 79 Section 1164

79-1164.

Hearing; hearing officer; duties.

Upon the receipt of a petition filed under section 79-1162, the State Department of Education shall assign it to a hearing officer. The hearing officer shall receive all subsequent pleadings and shall conduct the hearing. At the hearing the parties shall present evidence on the issues raised in the pleadings. At the completion of the proceedings, the hearing officer shall prepare a report based on the evidence presented containing findings of fact and conclusions of law. Within forty-five days after the receipt of a request for a hearing, the hearing officer shall prepare a final decision and order directing such action as may be necessary. At the request of either party for good cause shown, the hearing officer may grant specific extensions of time beyond this period. The report and the final decision and order shall be delivered via certified mail to each party or attorney of record and to the Commissioner of Education.

Source

  • Laws 1980, LB 855, § 2;
  • Laws 1985, LB 518, § 7;
  • R.S.Supp.,1986, § 43-662.01;
  • Laws 1987, LB 367, § 51;
  • R.S.1943, (1994), § 79-3351;
  • Laws 1996, LB 900, § 846.

Annotations

  • A hearing officer may grant compensatory relief under this section as an action that may be necessary. Adams Central School Dist. v. Deist, 214 Neb. 307, 334 N.W.2d 775 (1983).