Section 442-5-002 - Appeals or Petitions Not Properly Filed or Perfected002.01 The Commission may hold a hearing on any appeal or petition to determine whether the appeal or petition meets the requirements of these rules for execution of an appeal or petition and whether the Commission has jurisdiction to hear the appeal or petition. The Commission may issue an order finding jurisdiction, an order dismissing the appeal or petition, or an order requiring any defects in the execution of the appeal or petition to be cured within a reasonable time.002.02 If an appeal or petition is filed that does not appear to meet the requirements of law for the Commission to take jurisdiction over the appeal or petition, legal counsel for the Commission may by letter advise the appellant or petitioner that he or she may request a hearing to determine whether the Commission has jurisdiction to hear the appeal or petition. If a hearing is not requested within 30 days of the date of the letter, the Commission may dismiss the appeal or petition.002.03 If an appeal or petition is filed that does not appear to meet the requirements of these rules for executing an appeal or petition, legal counsel for the Commission may by letter advise the appellant or petitioner of the deficiency. The letter may advise the appellant or petitioner that he or she may, within 30 days of the date of the letter, cure the deficiency or request a hearing to determine whether the filing met the requirements for executing an appeal or petition. If the deficiency is not cured and a hearing is not requested within 30 days of the date of the letter, the Commission may dismiss the appeal or petition.002.04 If an order is issued dismissing an appeal or petition for lack of jurisdiction or failure to meet the requirements of these rules for execution of an appeal, that order may be served upon the appellant by any method specified in section 008.01 of this chapter.002.05 If an order is issued for a hearing to determine whether an appeal or petition was properly executed or whether the Commission has jurisdiction over an appeal or petition, that order constitutes notice of the appeal or petition and shall include a copy of the appeal form or petition and any supporting documentation.002.06 Any order for hearing issued pursuant to this section shall be served upon the appellant by certified mail, return receipt requested, and may be served upon all other parties by any method specified in section 008.01 of this chapter.002.07 Any hearing conducted pursuant to this section shall be conducted in accordance with the provisions of section 018 of this chapter.002.08 If the appellant fails to appear at a hearing ordered pursuant to this section, the Commission may dismiss the appeal.442 Neb. Admin. Code, ch. 5, § 002
Amended effective 6/7/2021