Section 316-33-005 - CONTESTED CASES: GENERAL005.01 A contested case begins with the filing of a petition or claim and request for hearing, if applicable, with the Department. The petition or claim is the initial document filed by or with the Department that sets forth a request for Department action.005.02 The pleadings in a contested case may include a petition, claim, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before the Department. Any pleading filed in a contested case shall meet the following requirements. 005.02A The pleading shall contain a heading specifying the Department and the title or nature of the pleading, shall state material factual allegations and state concisely the action the Department is being requested to take, shall contain the name and address of the petitioner or claimant, and shall be signed by the party filing the pleading or the party's authorized representative. If applicable, the pleading shall include the address, telephone number of the party's authorized representative, and, if the representative is an attorney, the representative's bar number.005.02B All pleadings shall be made on white, letter sized (81/2 x 11) paper and shall be legibly typewritten, photostatically reproduced, printed, or handwritten. If handwritten, a pleading must be written in ink.005.03 All pleadings shall be filed with the Department at its office. Filing may be accomplished by personal delivery, United States mail, or by the method established by the parties at the preliminary conference as provided in section 011.03B of these regulations, and will be received during the Department's regular office hours.005.04 All pleadings subsequent to the initial petition or claim shall be served by the party filing the pleading upon all attorneys of record or other representatives of record and upon all unrepresented parties. Service shall only be made personally, by mail, or by the method established by the parties at the preliminary conference as provided in section 011.03B of these regulations. Written proof of service shall be filed with the Department.005.05 Unless state law provides that a hearing is not required, a hearing date shall be set by the Hearing Officer in accordance with statutory requirements. A written notice of the time and place of 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. The notice must include proof of such service and will be filed with the Department.005.06 In computing time prescribed or allowed by Chapter 33 or by any applicable statute in which the 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 falls on a Saturday, Sunday, or state approved holiday, the period shall include the next business day.316 Neb. Admin. Code, ch. 33, § 005
Neb. Rev. Stat. §§ 3-149, 57-717, 57-718, 66-4,117, 77-369, 77-375, 77-612, 77-1777, 77-1778, 77-1779, 77-1780, 77-1783.01, sections 77-2709, 77-2711(1)(a), 77-2793, 77-2794, and 77-27,119, 84-909(1) and 84-909.01. November 17, 2013.