Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 Agency
Agency shall mean the board, commission, department, officer,
				  division, or other administrative office or unit of the state government as
				  defined in Neb. Rev. Stat. §
										84-901(1).
002.02 Agency director
Agency director shall mean the director or governing body,
				  whichever is applicable, of the agency.
002.03 Argument
Argument shall mean the oral statement of the petitioner or
				  any other party which explains his or her view of the facts and issue to be
				  decided, the law applicable to the question presented, and the reasoning that
				  connects the facts and law.
002.04 Contested case
Contested case shall mean a proceeding before the agency in
				  which the legal rights, duties, or privileges of specific parties are required
				  by law or constitutional right to be determined after hearing before the
				  agency.
002.05 Declaratory
				order proceeding
Declaratory order proceeding shall mean a proceeding
				  initiated by a petitioner seeking issuance of a binding order by the agency as
				  to the applicability of specified circumstances to a statute, rule, regulation,
				  or order within the primary jurisdiction of the agency.
002.06 Hearing officer
Hearing officer shall mean the person or persons conducting a
				  declaratory order proceeding pursuant to the Administrative Procedure Act,
				  whether designated as the presiding officer, administrative law judge, or some
				  other title.
002.07
				Intervenor(s)
Intervenor(s) shall mean persons, political subdivisions,
				  corporations, organizations, or other entities who have or claim to have any
				  interest, legal right, duty, privilege, or immunity, which would be directly
				  affected by the agency's issuance of a binding declaratory
				  order.
002.08 Necessary
				party
Necessary party shall mean a person who or an entity which
				  has a specific interest in the applicability of the statute, rule, regulation,
				  or order, as distinguished from a general interest such as may be the concern
				  of the public at large. A necessary party is one which is or would be adversely
				  affected in a legally cognizable way by the uncertainty sought to be
				  resolved.
002.09 Parties
Parties shall mean persons, political subdivisions,
				  corporations, organizations, or other entities subject to the jurisdiction of
				  the agency who are involved in a declaratory order proceeding according to the
				  procedures set forth in this chapter.
002.10 Petition
Petition shall mean the document filed in accordance with
				  section 003 of this chapter to initiate a declaratory order
				  proceeding.
002.11
				Petitioner(s)
Petitioner(s ) shall mean a party or parties who have filed a
				  petition with the agency seeking issuance of a declaratory
				  order.
002.12 Pleading
Pleading shall mean any written petition, answer, or motion
				  used in any declaratory order proceeding before the agency as set forth in this
				  chapter.