Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-001 - GENERAL

Current through June 17, 2024
001.01
Definitions.
The following definitions shall apply as used throughout these rules and
  regulations. Other terms common to the administrative process are defined for
  explanatory purposes in a glossary of terms attached as Attachment 1 of these
  regulations.
001.01A
Applicant
means any person who makes application to
  the Department for a license, certificate, registration, permit or any other
  authority, permission or approval of any kind that the Department is authorized
  by law to grant or deny.
001.01B
Application
means a request for any permission or
  authority that the Department is empowered to grant or deny, in whole or in
  part, including, but not limited to:
001.01B1
  The issuance, renewal or reinstatement of, any license, certificate, permit, or
  registration;
001.01B2 The
  issuance, renewal, or reinstatement of any form of approval;
001.01B3 The issuance or renewal of any
  waiver, exemption or variance; or
001.01B4 The amendment, correction, or
  issuance of a vital record.
001.01C
Board
means
  a publicly appointed body created by law, chosen to perform a public function
  related to Department programs.
001.01D
Complaint
means a report to the Department of an alleged violation of statute or
  regulation made to initiate an investigation by the Department.
001.01E
Contested
  Case
means a proceeding before the Department 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
  Department.
001.01F
Decisionmaker
means the employee of the Department who issues a
  preliminary order or decision on behalf of the Department that becomes the
  subject of the contested case.
001.01G
Department
means the Department of Health.
001.01H
Director
means the Director of Health.
001.01I
Hearing
  Officer
means the Director or an individual designated by the
  Director to conduct a hearing, contested case, or other proceeding, pursuant to
  the Administrative Procedure Act, Neb. Rev. Stat. §
										84-901
  et seq. whether designated as the presiding officer, administrative law judge,
  or some other title designation.
001.01J
Party
means
  the person by or against whom an administrative action is brought or a person
  allowed to intervene in an administrative proceeding.
001.01K
Person
means bodies politic and corporate, individuals and partnerships.
001.01L
Petition
means the initial document filed by or with the Department that sets forth a
  claim and request for Department action.
001.01M
Petition for
  Discipline
means the initial pleading in an action for discipline
  or a motion for revocation of probation or other discipline for violation of an
  order of discipline against a licensee or certificate holder filed pursuant to
  Neb. Rev. Stat. § 71-149 et
seq.
001.01N
Pleading
means any petition, answer, reply or response, notice, motion, stipulation,
  objection, discovery document, orders, decisions or other formal written
  document filed in any proceeding before the Department.
001.01O
Public
  Record
means and includes all records and documents, regardless of
  physical form, of or be longing to the Department, except where any statute
  provides that particular information or records shall not be made
  public.
001.01P
Rule or
  Regulation
means any rule, regulation or standard issued by the
  Department certified and filed with the Secretary of State of the State of
  Nebraska under the Nebraska Administrative Procedure Act, Neb. Rev. Stat.
  §§
										84-901
  to
  84-920.
001.01Q
Uniform Licensing
  Law
means those sections of the Nebraska Revised Statutes cited in
  Neb. Rev. Stat. § 71-101.