reglab/housing_qa huggingface dataset:
NE Code § 84-912.03 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-912.03 - Tax Equalization and Review Commission; exemption.

84-912.03.  Tax Equalization and Review Commission; exemption.Sections 84-912.01 and 84-913 to 84-919 do not apply to the Tax Equalization and Review Commission.Source   Laws 1995, LB 490, § 190;  Laws 2004, LB 973, § 68.  Cross References  Tax Equalization and Review Commission Act, see section 77-5001.
NE Code § 84-913.01 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-913.01 - Hearing officer; prehearing conference; procedure.

84-913.01.  Hearing officer; prehearing conference; procedure.(1) The hearing officer designated to conduct the hearing may determine, subject to the agency's rules and regulations, whether a prehearing conference will be conducted. If the conference is conducted:(a) The hearing officer shall promptly notify the agency of the determination that a prehearing conference will be conducted. The agency may assign another hearing officer for the prehearing conference; and(b) The hearing officer for the prehearing conference shall set the time and place of the conference and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. The agency shall give notice to other persons entitled to notice.(2) The notice shall include:(a) The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;(b) The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the agency;(c) The official file or other reference number, the name of the proceeding, and a general description of the subject matter;(d) A statement of the time, place, and nature of the prehearing conference;(e) A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;(f) The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference; and(g) A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of a contested case or who fails to make a good faith effort to comply with a prehearing order may be held in default under the Administrative Procedure Act.The notice may include any other matters that the hearing officer considers desirable to expedite the proceedings.Source  Laws 1994, LB 446, § 29.
NE Code § 84-913.02 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-913.02 - Hearing officer; prehearing conference; powers and duties; orders.

84-913.02.  Hearing officer; prehearing conference; powers and duties; orders.(1) The hearing officer shall conduct the prehearing conference, as may be appropriate, to deal with such matters as exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. The hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.(2) If a prehearing conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.Source  Laws 1994, LB 446, § 30.
NE Code § 84-913.03 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-913.03 - Hearing officer; prehearing conference and hearing; how conducted.

84-913.03.  Hearing officer; prehearing conference and hearing; how conducted.The hearing officer may conduct all or part of the prehearing conference and the hearing by telephone, television, or other electronic means if each participant in the conference or hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place. This section does not apply to a prehearing conference or a hearing held under sections 60-498.01 to 60-498.04.Source   Laws 1994, LB 446, § 31;  Laws 2003, LB 209, § 20. Annotations  Telephonic hearings under this section are permitted when a formal "rules of evidence" hearing is requested pursuant to section 84-914(1). Kimball v. Nebraska Dept. of Motor Vehicles, 255 Neb. 430, 586 N.W.2d 439 (1998). Whether the hearing is conducted by videoconference is permissive and discretionary. Robbins v. Neth, 15 Neb. App. 67, 722 N.W.2d 76 (2006).
NE Code § 84-913.04 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-913.04 - Proceedings; limitation on participation.

84-913.04.  Proceedings; limitation on participation.(1) A person who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection (3) of this section.(2) A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection (3) of this section.(3) If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as, investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a hearing officer in the preparation of orders.(4) A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.(5) A person may serve as hearing officer at successive stages of the same contested case.Source  Laws 1994, LB 446, § 32.Annotations  The Legislature specifically barred only prosecutors, investigators, and advocates from participating as hearing officers in administrative hearings. City of Lincoln v. Central Platte NRD, 263 Neb. 141, 638 N.W.2d 839 (2002). In this section, the Legislature has barred only prosecutors, investigators, and advocates from participating as hearing officers, or assisting hearing officers, in administrative hearings. Saunders Cty. v. Metropolitan Utilities Dist.-A, 11 Neb. App. 138, 645 N.W.2d 805 (2002).
NE Code § 84-915.01 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-915.01 - Official record of contested cases; agency maintain; contents; use.

84-915.01.  Official record of contested cases; agency maintain; contents; use.(1) An agency shall maintain an official record of each contested case under the Administrative Procedure Act for at least four years following the date of the final order.(2) The agency record shall consist only of:(a) Notices of all proceedings;(b) Any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the agency pertaining to the contested case;(c) The record of the hearing before the agency, including all exhibits and evidence introduced during such hearing, a statement of matters officially noticed by the agency during the proceeding, and all proffers of proof and objections and rulings thereon; and(d) The final order.(3) Except as otherwise provided by law, the physical custody of the agency record shall be maintained by the agency. The agency shall permit the parties to inspect the agency record and obtain copies of the agency record.(4) Except as otherwise provided by law, the agency record shall constitute the exclusive basis for agency action in contested cases under the act and for judicial review thereof.Source   Laws 1994, LB 446, § 36;  Laws 2006, LB 1115, § 41.
NE Code § 84-916 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-916 - Act; intent.

84-916.  Act; intent.The Administrative Procedure Act is intended to constitute an independent act establishing minimum administrative procedure for all agencies.Source   Laws 1959, c. 456, § 10, p. 1514;   Laws 1987, LB 253, § 18.  Annotations The purpose of this act is to establish a minimum administrative procedure. County of Lancaster v. State Board of Equalization & Assessment, 180 Neb. 497, 143 N.W.2d 885 (1966); County of Brown v. State Board of Equalization & Assessment, 180 Neb. 487, 143 N.W.2d 896 (1966); County of Blaine v. State Board of Equalization & Assessment, 180 Neb. 471, 143 N.W.2d 880 (1966).
NE Code § 84-919 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-919 - Act; exclusive means of judicial review.

84-919.  Act; exclusive means of judicial review.Except as otherwise provided by law, the Administrative Procedure Act establishes the exclusive means of judicial review of a final decision of any agency in a contested case.Source   Laws 1963, c. 531, § 3, p. 1666;   Laws 1987, LB 253, § 21;   Laws 1988, LB 352, § 187.
NE Code § 84-919.01 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-919.01 - Negotiated Rulemaking Act; use by agency.

84-919.01.  Negotiated Rulemaking Act; use by agency.Prior to the formal rulemaking procedure of section 84-907, agencies may use the procedures of the Negotiated Rulemaking Act to permit the direct participation of affected persons in the development of proposed rules and regulations. Negotiated rulemaking may be used to resolve controversial issues prior to the formal rulemaking of the Administrative Procedure Act. To be effective, such proposed rules and regulations shall be adopted pursuant to the Administrative Procedure Act in the form proposed by the negotiated rulemaking committee or as amended by the agency.Source  Laws 1994, LB 446, § 37. Cross References  Negotiated Rulemaking Act, see section 84-921.
NE Code § 84-920 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-920 - Act, how cited.

84-920.  Act, how cited.Sections 84-901 to 84-920 and the Occupational Board Reform Act shall be known and may be cited as the Administrative Procedure Act.Source   Laws 1987, LB 253, § 22;   Laws 1994, LB 446, § 38;   Laws 1995, LB 490, § 191;  Laws 2005, LB 373, § 8;  Laws 2011, LB617, § 5;  Laws 2016, LB867, § 16;  Laws 2018, LB299, § 20.  Cross References  Occupational Board Reform Act, see section 84-933.
NE Code § 84-921 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-921 - Act, how cited.

84-921.  Act, how cited.Sections 84-921 to 84-932 shall be known and may be cited as the Negotiated Rulemaking Act.Source  Laws 1994, LB 446, § 1.
NE Code § 84-922 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-922 - Purpose of act.

84-922.  Purpose of act.The purpose of the Negotiated Rulemaking Act is to establish a framework for the conduct of negotiated rulemaking consistent with the Administrative Procedure Act. It is the intent of the Legislature that state agencies, whenever appropriate, use the negotiated rulemaking process to resolve controversial issues prior to the commencement of the formal rulemaking process of the Administrative Procedure Act. Negotiated rulemaking is not a substitute for the requirements of the Administrative Procedure Act but may be used as a supplemental procedure to permit the direct participation of affected interests in the development of new rules or the amendment or repeal of existing rules. A consensus agreement on a proposed rule reached by a negotiated rulemaking committee may be modified by an agency as a result of the subsequent formal rulemaking process. This section shall not be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process.Source  Laws 1994, LB 446, § 2. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 84-923 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-923 - Terms, defined.

84-923.  Terms, defined.For purposes of the Negotiated Rulemaking Act:(1) Agency shall have the same meaning as in section 84-901;(2) Consensus shall mean unanimous concurrence among the interests represented on a negotiated rulemaking committee unless the committee agrees upon another specified definition;(3) Convenor shall mean a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure;(4) Facilitator shall mean a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. A facilitator shall not have decisionmaking authority;(5) Interest shall mean, with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner;(6) Negotiated rulemaking shall mean rulemaking through the use of a negotiated rulemaking committee;(7) Negotiated rulemaking committee or committee shall mean an advisory committee established to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule;(8) Person shall mean an individual, partnership, limited liability company, corporation, association, governmental subdivision, agency, or public or private organization of any character; and(9) Rule shall mean rule or regulation as defined in section 84-901.Source  Laws 1994, LB 446, § 3.
NE Code § 84-924 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-924 - Negotiated rulemaking committee; establishment; agency director; use of negotiated rulemaking procedure; determination; considerations; convenor; duties.

84-924.  Negotiated rulemaking committee; establishment; agency director; use of negotiated rulemaking procedure; determination; considerations; convenor; duties.(1) An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the agency director determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the agency director shall consider whether:(a) There is a need for a rule;(b) There are a limited number of identifiable interests that will be significantly affected by the rule;(c) There is a reasonable likelihood that a committee can be convened with a balanced representation of persons who:(i) Can adequately represent the interests identified; and(ii) Are willing to negotiate in good faith to reach a consensus on the proposed rule;(d) There is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;(e) The negotiated rulemaking procedure will not unreasonably delay the notice of proposed formal rulemaking and the issuance of the final rule pursuant to the Administrative Procedure Act;(f) The agency has adequate resources and is willing to commit those resources, including technical assistance, to the committee; and(g) The agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee as the basis for the rule proposed by the agency in the formal rulemaking process of the Administrative Procedure Act.(2) An agency may use the services of a convenor to assist in making the determination of need pursuant to subsection (1) of this section and to assist the agency in:(a) Identifying persons who will be significantly affected by a proposed rule; and(b) Conducting discussions with affected persons on the issues of concern and ascertaining whether the establishment of a negotiated rulemaking committee is feasible and appropriate for the particular rulemaking.(3) The convenor shall report findings and make recommendations to the agency. Upon request of the agency, the convenor shall ascertain the names of persons who are willing and qualified to represent the interests that will be significantly affected by the proposed rule. The report and any recommendations of the convenor shall be made available to the public upon request.Source  Laws 1994, LB 446, § 4. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 84-925 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-925 - Petition to use negotiated rulemaking committee; procedure; exception.

84-925.  Petition to use negotiated rulemaking committee; procedure; exception.(1) Except as provided in subsection (2) of this section, any person may petition an agency to request the use of a negotiated rulemaking committee in the development or revision of a rule. Each agency shall prescribe the form of the petition and the procedure for its submission, consideration, and disposition. Within sixty days after submission of a petition, the agency shall (a) deny the petition in writing stating its reasons therefor or (b) initiate the negotiated rulemaking procedure.(2) A person committed to or otherwise incarcerated in a Department of Correctional Services facility may not petition the Department of Correctional Services to request the use of a negotiated rulemaking committee.Source  Laws 1994, LB 446, § 5.
NE Code § 84-926 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-926 - Negotiated rulemaking committee established; agency; duties; Secretary of State; duties.

84-926.  Negotiated rulemaking committee established; agency; duties; Secretary of State; duties.(1) If an agency decides to establish a negotiated rulemaking committee, the agency shall:(a) Give notice to the Secretary of State; and(b) Publish the notice in a newspaper having general circulation in the state and, as appropriate, in other newspapers and publications.(2) The notice shall include:(a) An announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;(b) A description of the subject and scope of the rule to be developed and the issues to be considered;(c) A list of interests likely to be significantly affected by the proposed rule;(d) A list of the persons proposed to represent the affected interests and the agency;(e) A proposed schedule for completing the work of the committee; and(f) An explanation of how a person may apply for or nominate another person for membership on the committee.(3) The Secretary of State shall establish and maintain a list of subscribers who wish to receive notice of an agency's intent to establish a negotiated rulemaking committee and shall provide such notice to such subscribers at a cost to be assessed against each subscriber. The Secretary of State shall collect payments and make disbursements of such funds as may be necessary to carry out the notification required by this subsection.(4) The agency shall provide a period of at least thirty days for the submission of comments upon and applications for membership on a negotiated rulemaking committee.Source  Laws 1994, LB 446, § 6.
NE Code § 84-927 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-927 - Negotiated rulemaking committee; establishment; notice of decision; agency support; termination.

84-927.  Negotiated rulemaking committee; establishment; notice of decision; agency support; termination.(1) If, after considering comments and applications for membership on the negotiated rulemaking committee submitted pursuant to section 84-926, the agency determines that a negotiated rulemaking committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee.(2) If, after considering comments and applications submitted pursuant to section 84-926, the agency decides not to establish a negotiated rulemaking committee, the agency shall notify the persons who commented on or applied for membership on the negotiated rulemaking committee of the reasons for the decision. The agency shall also publish a notice of the decision not to establish a negotiated rulemaking committee in a newspaper having general circulation in the state and, as appropriate, in other newspapers and publications.(3) The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance and support.(4) A negotiated rulemaking committee shall terminate upon the adoption of the final rule under consideration by the agency pursuant to the Administrative Procedure Act unless the agency, after consulting the committee, or the committee itself specifies an earlier termination date.Source  Laws 1994, LB 446, § 7. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 84-928 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-928 - Negotiated rulemaking committee; membership; procedure.

84-928.  Negotiated rulemaking committee; membership; procedure.(1) A negotiated rulemaking committee may by consensus expand its membership, either by contacting and recruiting persons whose participation the committee believes is essential to the success of the negotiated rulemaking process or upon reviewing a petition submitted pursuant to subsection (2) of this section.(2) Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person on a negotiated rulemaking committee may petition for or nominate another person for membership on the negotiated rulemaking committee. Each petition or nomination shall be submitted to the negotiated rulemaking committee and shall include:(a) The name of the petitioner or nominee and a description of the interests the person represents;(b) Evidence that the petitioner or nominee is authorized to represent parties related to the interests the person proposes to represent;(c) A written commitment that the petitioner or nominee will actively participate in good faith in the development of the rule under consideration; and(d) An explanation of reasons that the persons already on the negotiated rulemaking committee do not adequately represent the interests of the person submitting the petition or nomination.(3) Upon receiving a petition, a negotiated rulemaking committee shall decide by consensus at its next meeting whether or not to expand its membership.Source  Laws 1994, LB 446, § 8.