§ R.R.S. Neb. § 49-14,125Preliminary investigation; terminated, when; violation; effect; powers of commission; subsequent proceedings; records

(1) If, after
a preliminary investigation, it is determined by a majority vote of the commission
that there is no probable cause for belief that a person has violated the
Nebraska Political Accountability and Disclosure Act or any
rule or regulation adopted and promulgated thereunder or if the commission
determines that there is insufficient evidence to reasonably believe that
the person could be found to have violated the act, the commission shall
terminate the investigation and so notify the complainant and the person who
had been under investigation.
(2) If, after a preliminary investigation, it is determined
by a majority vote of the commission that there is probable cause for belief
that the Nebraska Political Accountability and Disclosure Act or a
rule or regulation adopted and promulgated thereunder has been violated and
if the commission determines that there is sufficient evidence to reasonably
believe that the person could be found to have violated the act,
the commission shall initiate appropriate proceedings to determine whether
there has in fact been a violation. The commission may appoint a hearing officer
to preside over the proceedings.
(3) All proceedings of the commission pursuant to this section
shall be by closed session attended only by those persons necessary to the
investigation of the alleged violation, unless the person alleged to be in
violation of the act or any rule or regulation
adopted and promulgated thereunder requests an open session.
(4) The commission shall have the powers possessed by the
courts of this state to issue subpoenas in connection with proceedings under
this section, and the district court shall have jurisdiction to enforce such
subpoenas.
(5) All testimony shall be under oath which shall be administered
by a member of the commission, the hearing officer, or any other person authorized
by law to administer oaths and affirmations.
(6) Any person who appears before the commission shall have
all of the due process rights, privileges, and responsibilities of a witness
appearing before the courts of this state.
(7) All witnesses summoned before the commission shall receive
reimbursement as paid in like circumstances in the district court.
(8) Any person whose name is mentioned during a proceeding
of the commission and who may be adversely affected thereby shall be notified
and may appear personally before the commission on that person's own behalf
or file a written statement for incorporation into the record of the proceeding.
(9) The commission shall cause a record to be made of all
proceedings pursuant to this section.
(10) At the conclusion of proceedings concerning an alleged
violation, the commission shall deliberate on the evidence and determine whether
there has been a violation of the Nebraska Political Accountability
and Disclosure Act.