Section 49-4-003 - DEFINITIONS For purposes of this Rule, the following additional definitions shall apply:
003.01 Contested case means a proceeding before the Department in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after a Department hearing. A contested case proceeding may encompass any matter within the jurisdiction of the Department where a complaint is made against any charter or license holder. Contested case includes, but is not limited to, the following actions: 003.01A Orders revoking the approval of a bank director pursuant to Neb. Rev. Stat. § 8-126.003.01B Orders revoking an executive officer's license pursuant to Neb. Rev. Stat. § 8-139.003.01C Orders revoking, denying or suspending a registration or license pursuant to Neb. Rev. Stat. §§ 8-1103,8 -1109, 8-1109.01, 45-1033, 45-346, 45-706, 45-717, or 45-922.003.01D Orders to cease and desist from violations of statutes enforced by the Department pursuant to Neb. Rev. Stat. §§ 8-1108.01, 8-1717, 21-1732, 45-1019, 45-1020, 45-157, 45-191.09, 45-350, 45-353, 45-171, 45-923, 59-1725, or 69-2117.003.01E Orders disallowing an exemption from registration under the Securities Act of Nebraska pursuant to Neb. Rev. Stat. § 8-1111(11) or (15).003.01F Orders denying an exemption from registration under the Securities Act of Nebraska pursuant to Neb. Rev. Stat. § 8-1111(2).003.01G Orders imposing administrative fines pursuant to Neb. Rev. Stat. §§ 8-1108.01, 8-1717, 45-1017, 45-191.09, 45-351, 45-171.01, 45-921, 59-1725, or 69-2117.003.01H Orders barring or censuring an individual registered or licensed by the Department pursuant to Neb. Rev. Stat. § 8-1108.01.003.01I Orders restricting the making of loans by a credit union pursuant to Neb. Rev. Stat. § 21-1732.003.01J Orders suspending or prohibiting a credit union official from participating in the management of the credit union pursuant to Neb. Rev. Stat. § 21-1732.003.01K Orders issued pursuant to Neb. Rev. Stat. §§ 8-1,134 to 8-1,139.003.01L Orders requiring the divestiture of stock pursuant to Neb. Rev. Stat. § 8-1513(4).003.02 Ex parte communication means an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include: 003.02A Communications which do not pertain to the merits of a contested case.003.02B Communications required for the disposition of ex parte matters as authorized by law.003.02C Communications in a rulemaking proceeding.003.02D Communications to which all parties have given consent; and003.03E Communications between the hearing officer and the Director which occur following the close of the hearing.003.03 Party means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, and as defined in the Nebraska Rules of Civil Procedure, Neb. Rev. Stat. §§ 25-801 to 25-856, and shall include the Department.003.04 Pleading shall have the same meaning as set forth in the Nebraska Rules of Civil Procedure, Neb. Rev. Stat. §§ 25-801 to 25-856.003.05 Petition means the initial document filed by or with the Department that sets forth a claim and request for action by the Department.49 Neb. Admin. Code, ch. 4, § 003