291 Neb. Admin. Code, ch. 12, § 008

Current through June 17, 2024
Section 291-12-008 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS
008.01Consideration: Evidence in a hearing involving a refusal to issue a seal will ordinarily be received in the following order:
(1) Applicant;
(2) Department. Evidence in a hearing involving a suspension or revocation of a seal will ordinarily be received in the following order:
(1) Department;
(2) Holder thereof.
008.02Denials and Revocations of Seals: Whenever the Department refuses to issue, suspends, or revokes a seal for a manufactured home, it shall send to the applicant or holder thereof, by either registered or certified mail, a notice setting forth the particular reasons for the determination. Such notice shall state that the refusal of issuance, suspension, or revocation shall become final ten (10) days after the receipt of the notice, unless the applicant or holder thereof, within such ten-day period, provides written notice to the Commission of a request for a formal hearing. The Commission shall then schedule a formal hearing to be held before the Commission within thirty (30) days of the receipt of the request.
008.03Disposition: Parties to a refusal of issuance, suspension, or revocation hearing shall be noticed of the decision and order of the Commission by registered or certified mail.
008.04Notice of Hearing: The notice of any such formal hearing shall state the name of the person, organization, corporation, or other legal entity which shall appear as applicant or holder of a seal; shall state the time, date, and place of the hearing; shall state the reason(s) for the proposed refusal of issuance, suspension, or revocation; and shall be served on the applicant or holder at least ten (10) calendar days prior to the date set for hearing, by either registered or certified mail.
008.05Official Record: The Commission shall prepare an official record in all refusal of issuance, suspension, or revocation hearings, including testimony and exhibits.

291 Neb. Admin. Code, ch. 12, § 008