Section 305-4-001 - General Information001.01 Application of Rules These rules are promulgated pursuant to Neb. Laws 1994, LB 446 and LB 414 and 53 Nebraska Administrative Code Chapter 4. They shall apply to all contested cases within the jurisdiction of the Commission.
001.02 Definitions The following definitions shall apply as used throughout Chapter 4 of these rules and regulations.
001.02A Agency shall mean the Commission and its employees, including the Director, any Deputy Directors, and staff.001.02B Chairperson shall mean the Secretary of State. In the event of the absence or inability of the Secretary of State to serve as Chairperson, it shall also mean the acting Chairperson appointed by the Secretary of State or, in the event no appointment is made by the Secretary of State, by the Commission.001.02C Commission shall mean the State Real Estate Commission of the State of Nebraska, and shall include only duly appointed and acting members of the Commission, and not employees or agents of the Agency.001.02D 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 a Commission hearing.001.02E Director shall mean the individual appointed as the Director of the Commission pursuant to Section 81-885.07(4) of the Real Estate License Act.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 rulemaking proceeding; and001.02F4 Communications to which all parties have given consent.001.02G Hearing Officer shall mean the Chairperson or, for the purposes of conducting a prehearing conference and hearings on non-dispositive motions and other matters preliminary to a evidentiary hearing before the Commission, any individual appointed by the Chairperson pursuant to these rules. The individual appointed to handle prehearing conferences, hearings on non-dispositive motions, and other matters preliminary to the evidentiary hearing may, but need not be, a member the Commission or an employee of the Agency.001.02H Membership Campground Act shall mean Sections 76-2101 et seq., Revised Statutes of Nebraska, 1943, as amended.001.02I Non-Dispositive Hearing shall mean a hearing conducted by a hearing officer on motions regarding continuances, discovery matters, protective orders, and other procedural matters.001.02J Party means the person by or against whom a contested case is brought, or a person allowed to intervene in a contested case.001.02K Person or Persons shall include individuals, corporations, partnerships, associations, limited liability companies, or any other entities.001.02L Prehearing Conference shall mean a conference before a hearing officer held for the purpose of identifying issues, witnesses, evidence, and other matters deemed relevant to the evidentiary hearing before the Commission, including discussion of potential settlement of a contested case.001.02M Real Estate License Act shall mean the Nebraska Real Estate License Act, Sections 81-885.01 et seq., Revised Statutes Nebraska, 1943, as amended.001.02N Retirement Communities and Subdivision Act shall mean Sections 76-1301 et seq., Revised Statutes of Nebraska, 1943, as amended.001.02O State shall mean the State of Nebraska.001.02P Subdivision Certification Law shall mean Sections 81-885.33 through 81-885.48, Revised Statutes of Nebraska, 1943, as amended.001.02Q Time-Share Act shall mean Sections 76-1701 et seq., Revised Statutes of Nebraska, 1943, as amended.305 Neb. Admin. Code, ch. 4, § 001