Section 49-5-002 - DEFINITIONS For purposes of this Rule, the following additional definitions shall apply:
002.01 Argument means the oral or written statement of the petitioner or any other party which explains his or her view of the facts and issue(s) to be decided, the law applicable to the question(s) presented, and the reasoning that connects the facts and law.002.02 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 hearing before the Department.002.03 Declaratory order proceeding means a proceeding initiated by a petitioner seeking issuance of a binding order by the Department as to the applicability of specified circumstances to a statute, rule, or order within the primary jurisdiction of the Department.002.04 Intervenor means any person who has or claims to have any interest, legal right, duty, privilege, or immunity which would be directly affected by the Department's issuance of a binding declaratory order.002.05 Necessary party means a person who has a specific interest in the applicability of the statute, rule, or order under consideration, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved.002.06 Party means any person subject to the jurisdiction of the Department who is involved in a declaratory order proceeding according to the procedures set forth in this Rule.002.07 Petition means the document filed in accordance with Section 003 of this Rule to initiate a declaratory order proceeding.002.08 Petitioner(s) means the party or parties who have filed a petition with the Department seeking issuance of a declaratory order.002.09 Pleading means any written petition, answer, or motion used in any declaratory order proceeding before the Department as set forth in this Rule.49 Neb. Admin. Code, ch. 5, § 002