Nebraska Liquor Control Commission Hobert Rupe Executive Director

Just what is a Quasi-Judicial Body? Defined as: An entity such as an arbitrator or tribunal board, generally of a public administration agency, which has power resembling those of a court of law or judge, and which objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties and may affect the legal rights, duties, or privileges of specific parties. West Law Dictionary 2008

Differences from Judicial There are some key differences between judicial and quasi-judicial bodies, in that: Judicial decisions are bound by precedent in common law, whereas quasi-judicial decisions usually are not so bound In the absence of precedent in common law, judicial decisions may create new law, whereas quasi-judicial must be based on conclusions of existing law Quasi-judicial bodies need not follow strict judicial rules of evidence and procedures Quasi-judicial bodies must hold formal hearings only if mandated to do so under their governing laws or regulations A court may not be a judge in its own cause, but a quasi-judicial body may both be a party in a matter and also issue a decision thereon

Decisions In general, decisions of a quasi-judicial body require findings of facts to reach conclusions of law that justify the decision. They usually depend on a pre- determined set of guidelines of criteria to assess the nature and gravity of the permission or relief sought, or of the offense committed. Decisions of a quasi- judicial body are often legally enforceable under the laws of a jurisdictions; they can be challenged in a court of law which is the final decisive authority.

Why are you here? Two most likely reason: 1. Your client wants something. Application before Nebraska Liquor Control Commission Zoning change request 2. Your client did something License censure Liquor Control Commission Medical license Drivers license

Before the Hearing Homework on the Rules & Regulations Most are online Talk to an attorney who practices before the agency Reach out to agency Formal pleadings are not required but help Decide if you want formal Rules of Evidence if allowed (must be timely) Request subpoena (most agencies have subpoena powers). They vary in scope.

During the Hearing Know your audience Tribunal of experts Tribunal of non-experts Hearing Officer or Special Master Narrow the playing field The law is limited (general appeals of fairness have mixed results) Issues are generally narrow Was the minor served or does the adjacent land have same designation Theatrics are generally not appreciated

Be prepared Exhibits ready Witnesses prepared Offer a brief if law is complex Be efficient Agency already considers themselves well versed on the applicable laws Repetitive testimony is not productive

After the Hearing Understand the ruling process Some will announce from bench but follow with a written order Some will take matter under advisement, rule at a later date Hearing officers will forward recommendation to final decision maker. Appeal process or “we get to go to real court”.

30-days after decision in Nebraska under the Administrative Procedures Act De Novo on the record of the agency Remember the point on Formal Rules