144 Neb. Admin. Code, ch. 1, § 009

Current through June 17, 2024

Section 144-1-009 - Appeals

009.01 Generally

Any person aggrieved by a final decision in a contested case is entitled to judicial review under the Administrative Procedure Act.

009.02 Method

Parties desiring to appeal an agency decision must file a petition for review in the district court of the county where the agency action is taken within thirty days after the service of the final decision by the agency. The thirty day period for appeal commences to run from the date of mailing of the notice of order and decision to the parties or their attorneys of record. Service of the petition and summons must be made in accordance with Nebraska law.

009.02A Fair Housing Act Venue. Venue of an appeal proceeding shall be in the county in which the discriminatory housing practice is alleged to have occurred.

Source; Neb. Rev. Stat. § 20-339(1)

009.03 Statutes

Unless otherwise provided by statute, the procedures of Neb. Rev. Stat. § 84-917 govern the procedure for taking an appeal.

009.03A In cases under the Fair Housing Act, the Commission may petition the district court for the county in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the hearing officer and for appropriate temporary relief or restraining order.

Source: Neb. Rev. Stat. § 20-339(2)(a)

009.04 Certification of Commission Records

For purposes of appeal or other judicial enforcement, the Chair shall be authorized to certify all documents and records that are part of the official files and records of the Commission.

144 Neb. Admin. Code, ch. 1, § 009