51 Neb. Admin. Code, ch. 14, § 004

Current through March 20, 2024
Section 51-14-004 - Commencement of a contested case
004.01 The contested case begins either with the filing of a petition and request for hearing, or the denial of an application and request for hearing, with the Board. The petition is the initial document filed by or with the Board that sets forth a claim and request for Board action. No petition needs to be filed in the case of a hearing on an application for a barber school, shop, booth rental permit, individual license or registration, or other approval the Board is authorized to grant. The application and request for hearing by the applicant shall take the place of a petition.
004.02 The parties to a contested case shall be the petitioner or person by whom a contested case is brought and the respondent or person against whom a contested case is brought.
004.03 A party may appear on his or her own behalf in a contested case proceeding or may be represented by an attorney or other representative as permitted by law. In all actions involving the suspension or revocation of a license or permit, the Board may request the Attorney General to file the petition or, at the discretion of the Board, the petition may be filed by the Director. The Board may also request that the Attorney General take part in proceedings involving applications for a license, permit or other approval the Board is authorized to grant.
004.04 The pleadings in a contested case may include a petition, the application, answer, reply, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before the Board. Other than an application, any pleading filed in a contested case shall meet the following requirements:
004.04A. The pleading shall contain a heading specifying the name of the Board and the title or nature of the pleading, shall state material factual allegations and state concisely the action the Board is being requested to take, shall contain the name and address of the petitioner, and shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney.
004.04A1. Attorneys shall also include their address, telephone number and bar number.
004.04A2. The initial petition shall also contain the name and address of the respondent.
004.04B. All pleadings shall be made on white, letter-sized (8½ x 11) paper and shall be legibly typewritten, photostatically reproduced, printed or handwritten. If handwritten, a pleading must be written in ink.
004.05 All pleadings shall be filed with the Board at its official office. Filing may be accomplished by personal delivery or mail, or by facsimile or other electronic methods when authorized by the Board, and will be received during regular office hours of the Board . Regular office hours for the Board are from 8:00 a.m. to 5:00 p.m., Central Time, Monday through Friday, exclusive of state or federal holidays. When a filing is submitted after regular business hours, or when a filing date falls on a weekend or legal holiday, the filing date for such filing shall be the next business day.
004.06 The Board shall serve a copy of the petition on each respondent listed in the petition personally or by first-class or certified mail. Written proof of such service shall be filed with the Board. Each respondent who chooses to file a responsive pleading must do so within 20 days from the date of personal service or the date of Board mailing of the petition.
004.07 All pleadings subsequent to the initial petition shall be served by the party filing such pleading upon all attorneys of record or other representatives of record and upon all unrepresented parties. Service shall be made personally or by first-class or certified mail. Written proof of such service shall be filed with the Board.
004.08 Unless state law provides that a hearing is not required, a hearing date shall be set by the Board in accordance with statutory requirements. Under 71-218, the Board may not refuse to renew, suspend or revoke any certificate of registration or approval under 71-217 unless the person accused has been given at least twenty (20) days' notice in writing of the charge against him. In all other cases, twenty (20) days' prior notice shall be required. A written notice of the time and place of hearing and the name of the hearing officer, if known, shall be served by the Board upon all attorneys of record or other representatives of record and upon all unrepresented parties. All notices given shall comply with the requirements of 71-218, 71-234, and 84-913. The notice must include a proof of such service and will be filed with the Board. The Board may give further notice by publication. A hearing, when requested by an applicant, a licensee, a permit holder, other interested party or the Board, shall be held by the Board in all cases when:
004.08A An application for an individual license has been denied for reasons other than failure of the examination.
004.08B An application for issuance of an individual license without examination has been denied.
004.08C An application for a barber shop or barber school license or a booth rental permit has been denied.
004.08D An application for approval of a barber instructor course or for one-year of supervised training of an assistant barber instructor has been denied.
004.08E An individual is charged with a violation by an inspector.
004.08F The Board, in any other case, is considering the suspension or revocation of a license issued under the Barber Act.
004.09 In computing time prescribed or allowed by these rules and regulations or by any applicable statute in which the method of computing time is not specifically provided, days will be computed by excluding the day of the act or event and including the last day of the period. If the last day of the period falls on a Saturday, Sunday, or state holiday, the period shall include the next working day.

51 Neb. Admin. Code, ch. 14, § 004