Section 251-2-004 - COMMENCEMENT OF A CONTESTED CASE004.01Notice.A registrant who receives a written notice of deficiency determination may file an appeal by petitioning the Department as specified below. The owner may accept such claim and pay the amount due, or he or she may dispute the claim by filing the petition and submit to the division any information which he or she may have in support of his or her position.
004.02Petition, Manner of Service.A registrant must file a petition to appeal a deficiency determination notice as follows:
004.02ADeficiency Determination; Petition Deadline. A registrant who wishes to appeal a deficiency determination must file a written petition for appeal with the Department within thirty (30) days of the date of the written notice of deficiency determination. A petition shall state material factual allegations and state concisely the action the Department is being requested to take, and shall contain the name of the appellant and shall be signed by the party filing the petition or when represented by an attorney, the signature of that attorney.004.02BAddress for Service of Petition. Service shall be made personally or by first-class or certified mail and delivered to the Department at 301 Centennial Mall South, State Office Building, First Floor, P.O. Box 94789, Lincoln, NE 68509-4789. Petition must be postmarked or filed with the Department within the deadlines shown in 004.02A of these regulations. A petition may also be filed by facsimile transmission at (402) 471-4828. Facsimile transmissions received after normal business hours shall be deemed received the next business day.004.02CFailure to File Petition. Failure to file a petition and deliver the petition to the Department or to postmark the petition within thirty (30) days of the date of notice of deficiency determination forecloses the registrant's right to a hearing and also results in a final assessment and/or revocation of registration and operating privileges.004.02D An appellant may use Attachment 1 to petition the Department.004.03Party.A party to a contested case is as defined in section 001.02S of these rules and regulations.
004.04Representation.A party may appear on his or her own behalf in a contested case proceeding or may be represented by an attorney licensed to practice in this jurisdiction or other representative as provided by law.
004.05Pleadings.Pleadings are defined in section 001.02V of these rules and regulations. Any pleading filed in a contested case shall meet the following requirements:
004.05A The pleading shall contain a heading specifying the name of the appellant and the respondent and the title or nature of the pleading, and concisely state the purpose of the pleading. All pleadings shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney. Attorneys shall also include their address, telephone number and bar number.004.05B All pleadings shall be made on white, letter-sized (82 x 11 inches) paper and shall be legibly typewritten, photostatically reproduced, printed or handwritten. If handwritten, a pleading must be written in ink.004.06Filing.All pleadings shall be filed with the Department at its official central office at 301 Centennial Mall South, State Office Building, First Floor, P.O. Box 94789, Lincoln, NE 68509-4789. Filing may be accomplished by personal delivery or by mail and will be received during regular office hours of the Department. Filing may be by facsimile transmission at (402) 471-4828. Facsimile transmissions received after normal business hours shall be deemed received the next business day.
004.07Pleadings Subsequent to the Petition.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. A written certificate of service shall be incorporated with or attached to each pleading filed, indicated to whom, when, where and how such pleading was served.
004.08Hearing; How Set.004.08ATime of Notice. Unless Nebraska law provides that a hearing is not required, a hearing date shall be set by the Department in accordance with statutory requirements and the requirements of these rules and regulations upon timely receipt of a petition from a registrant, and upon completion of any applicable prehearing procedures as provided in section 006 of these rules and regulations.004.08BForm of Hearing Notice. A written notice of the time and place of the hearing and the name of the hearing officer, if known, shall be served by the Department upon all attorneys of record or other representatives of record and upon all unrepresented parties. Such notice shall include a written proof of service as provided in 004.07 of these rules and regulations, and filed with the Department.004.09Computation of Time.In computing time prescribed or allowed under these rules and regulations or the applicable statutes in which a 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.
004.10Notices; Mailing Requirements.All notices by the Department required by IRP shall be mailed to the address of the registrant as shown in the records of the Department. If required by statute, such notices shall be mailed certified or registered mail.
251 Neb. Admin. Code, ch. 2, § 004