184 Neb. Admin. Code, ch. 1, § 007

Current through September 17, 2024

Section 184-1-007 - COMMENCEMENT OF PROCEEDINGS

007.01INITIATION AND PARTIES. A contested case begins when proper delivery of notice or request for hearing is obtained, by:

(A) Timely request for hearing after issuance of written notice by the decisionmaker of the total or partial denial of an application. The sole parties are the applicant and the Division.

(B) Timely request for hearing after issuance of written notice by the decisionmaker of refusal to renew a credential or permit. The sole parties are the holder of the credential or permit and the Division.

(C) The filing of a petition for discipline. The sole parties are the State of Nebraska on the relation of the Attorney General and the credential holder.

(D) Timely request for hearing after issuance of written notice by the decisionmaker of revocation, suspension, citation, or other discipline. The sole parties are the Division and the credential or permit holder.

(E) Except as provided in section 009.04, timely request for hearing after denial of an application or petition for reinstatement of a credential or permit. The sole parties are the person requesting reinstatement and the Division.

(F) Timely request for hearing after issuance of an administrative order by the decisionmaker compelling or prohibiting performance of an action. The sole parties are the Division and the person to whom the order is directed.

(G) Timely request for appeal of a decision by a person or entity, other than the Division, which the Division is authorized by law to review. The sole parties are the person requesting review and the person whose decision is the subject of review.

(H) An Order to Show Cause why the Division should not take disciplinary or other action. The sole parties are the Division and the person to whom the order is directed.

(I) Such other actions as may require a hearing as provided by law or constitutional right.

007.02HEARING NOT REQUIRED.

007.02(A) CIRCUMSTANCES. Notwithstanding the procedures set forth in this chapter, an evidentiary hearing is not required:

(i) If there are no issues of material fact;

(ii) If an application for approval cannot be granted because it contains information showing on its face that the applicant does not meet statutory requirements for approval;

(iii) If an application is denied, renewal of approval refused, or approval revoked solely for failure to submit a complete application by failure to pay a required fee, submit a required document, or make another submission that is required as a condition for approval or continued approval; or

(iv) If a request for hearing is received after the time for filing the request has expired so that a preliminary decision has become final.

007.02(B)NOTICE. If it is known at the time of the initial action that a matter is one that does not require an evidentiary hearing, the Division will include in its preliminary notice of action a statement advising the applicant or credential or permit holder that no evidentiary hearing will be held, the basis for this determination, and the method to challenge the determination.

007.02(C)CHALLENGES TO DIVISION DETERMINATION. A party may challenge the Division's determination that the matter does not require an evidentiary hearing by filing a request for hearing in the manner and within the time provided in section 008.03, the request must also include notice that the party wishes to dispute the decision that no hearing is required. In other cases, the matter will be disposed of by order of the Division on its own motion or upon motion by a party. In other cases, the matter will be disposed of by order of the Division on its own motion or upon motion of a party. If there are no issues of material fact in dispute, but there are contested issues of law, the Division may set the matter for oral argument, require briefs, or both.

007.03INTERVENTION.

007.03(A)CIRCUMSTANCES. Intervention is allowed only when:

(i) A statute requires that a person be allowed to intervene as of right in an administrative proceeding, upon petition made in proper form and in a timely manner showing that petitioner qualifies as an intervenor; or

(ii) A statute authorizes the Division to allow persons to intervene in an action, upon petition made at least 5 working days before the hearing begins and showing that the person seeking intervention has equal rights, duties, privileges, immunities, or other interests that may be substantially affected by the proceeding.

007.03(B)PETITIONS. Petitions must meet the requirements for pleadings generally and must state the name, address, and telephone number of the person making the motion and grounds for intervention; identify claims or defenses for which intervention is sought; and be served on all parties at least 5 days before hearing.

007.03(C)GRANTING AND CONDITIONS. The granting of petitions for intervention and imposition of conditions upon intervenors' participation is governed by 53 NAC 4-003.02 to 4-003.04.

184 Neb. Admin. Code, ch. 1, § 007

Amended effective 9/17/2024