144 Neb. Admin. Code, ch. 1, § 001

Current through June 17, 2024

Section 144-1-001 - General

001.01 Application of Model Rules

These regulations are adapted from model rules of the Attorney General promulgated pursuant to Neb. Rev. Stat. § 84-913 and to § 84-909.01, as practicable under the circumstances, and apply to all contested cases before the Nebraska Equal Opportunity Commission arising under the Fair Housing Act, Neb. Rev. Stat. §§20-301 to 20-344. In the absence of a specific provision regarding procedure, the rules applicable to civil cases in Nebraska district courts shall serve as a general guide.

001.02 Definitions

The following definitions shall apply as used throughout these rules and regulations.

001.02A Agency or Commission shall mean the Nebraska Equal Opportunity Commission. The term "Chair" shall mean the Chairperson of the Commission or, in the absence of the Chair, the Vice Chair, and in the absence of both, any other member designated by the Chair or by a majority of the Commission to serve.

001.02B Aggrieved refers to a substantial grievance, a denial of some personal or property right or the imposition upon a party of a burden or obligation.

Source: Black's Law Dictionary

001.02B1 Aggrieved Person under the FHA shall include any person who claims to have been injured by a discriminatory housing practice or believes that he or she will be injured by a discriminatory housing practice that is about to occur.

Source: Neb. Rev. Stat. § 20-304

001.02C Charge means a short and plain statement under the Fair Housing Act of the facts upon which the Commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, which is based on the final investigative report and need not be limited to the facts or grounds originally alleged.

Source: Neb. Rev. Stat. § 20-333(1)(b)(ii)

001.02D Complainant shall mean the Commission or the person alleged in a charge to have been aggrieved by a discriminatory housing practice.

Source: Neb. Rev. Stat. §§ 20-326(1), 20-333(1)

001.02E Contested case shall mean a proceeding before the Commission in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.

Source: Neb. Rev. Stat. § 84-901(3)

001.02F Ex parte communication shall mean 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:

001.02F1 Communications which do not pertain to the merits of a contested case;

001.02F2 Communications required for the disposition of ex parte matters as authorized by law;

001.02F3 Communications in a ratemaking or rulemaking proceeding; and

001.02F4 Communications to which all parties have given consent.

Source: Neb. Rev. Stat. § 84-901(4)

001.02G Fair Housing Act or FHA shall mean Neb. Rev. Stat. §§ 20-301 to 20-344.

001.02H Hearing officer shall mean the person or persons conducting a hearing, contested case, or other proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title designation.

Source: Neb. Rev. Stat. § 84-901(5)

001.02I Necessary party shall mean a person or entity having a specific interest in the applicability of the statute, rule, regulation, or order, 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.

Source: Neb. Rev. Stat. §§ 84-901, 84-909, 84-912.02 (Cf. Attorney General Model Regulations and Procedures Governing Agency Declaratory Orders, 53 NAC 3-002.08 ).

001.02J Party means, as applicable, the Commission, the person against whom or on whose behalf a contested case is brought, or a person allowed to intervene in a contested case.

See Neb. Rev. Stat §§ 20-333, 20-336

001.02K Respondent means the party named in the charge to answer the allegations of such charge at a hearing before the Commission.

Source: Neb. Rev. Stat. § 20-333(2)(a)

144 Neb. Admin. Code, ch. 1, § 001