(A) Notice. Notice of a hearing held pursuant to Neb. RS 53-134 shall be given to the applicant by the Municipal Clerk and shall contain the date, time and location of the hearing. Two or more proceedings which are legally or factually related may be heard and considered together unless any party thereto makes a showing sufficient to satisfy the governing body that prejudice would result therefrom.
(B) Procedure.
(1) Hearings will be informal and conducted by the Municipal Attorney. The intent is an inquiry into the facts, not an adversarial action. Each witness may present their testimony in narrative fashion or by question and answer. The governing body or the applicant may order the hearing to be recorded by the Clerk, at the expense of the applicant(s). The governing body may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals. The Municipal Attorney may limit testimony where it appears incompetent, irrelevant or unduly repetitious. If there is opposition to any application and such opposition desires the opportunity to present arguments and to cross-examine the applicant and any witnesses in favor of such application, they shall choose a spokesperson to perform such function who shall notify the Municipal Attorney of his or her representation prior to the start of the hearing.
(2) The order of the proceeding is as follows:
(a) Exhibits will be marked in advance by the Clerk and presented to the Municipal Attorney during the presentation;
(b) Presentation of evidence, witnesses and arguments by applicant;
(c) Testimony of any other citizens in favor of such proposed license;
(d) Examination of applicant, witnesses or citizens by Municipal Attorney, governing body or duly appointed agent;
(e) Cross-examination of applicant, witnesses or citizens by spokesperson for opposition, if any;
(f) Presentation of evidence and witnesses by opposition;
(g) Testimony of any other citizens in opposition to such proposed license;
(h) Presentation of evidence by the municipality and law enforcement personnel;
(i) Cross-examination by applicant;
(j) Rebuttal evidence by both parties, and by municipality administration and agent; and
(k) Summation by applicant and opposition spokesperson, if any.
(3) In all cases, the burden of proof and persuasion shall be on the party filing the application.
Any member of the governing body and the Municipal Attorney may question any witness, call witnesses or request information.
(4) All witnesses shall be sworn.
(5) The governing body may make further inquiry and investigation following the hearing.
(6) The governing body or the applicant may order the hearing to be recorded by the Clerk, at the expense of the applicant(s).
(Ord. passed - -)
Statutory reference:
Related provisions, see Neb. RS 53-134