reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-007 - Declaratory Order Proceedings

Current through June 17, 2024
007.01 Oral argument shall be had only on specific order of the agency. A petitioner, intervenor, necessary party, or the agency may submit a motion for oral argument to the agency director. If opportunity for oral argument is granted, then argument shall be scheduled to be conducted not more than 45 days after filing of the petition. Petitioner and all other parties or, when represented, their attorneys, shall be served by the agency with a notice of the date, time, and location for oral argument. The agency shall provide each of the parties with notice of the proceeding hot less than seven days in advance of the scheduled date. Service shall be made by certified mail, return receipt requested.
007.02 Oral argument will be made before a hearing officer or before any representative of the agency who is authorized to render or to recommend a decision to the agency. The hearing officer or agency representative shall be in control of the proceeding and shall:
007.02A Identify the proceeding and introduce himself or herself and identify each party for the record;
007.02B Hear the oral argument of the petitioner, intervenor, or necessary parties;
007.02C Close the proceedings.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-008 - Issuance of Declaratory Order

Current through June 17, 2024
008.01 The agency shall issue its declaratory order within 60 days of the date on which the petition was filed.
008.02 The declaratory order shall be in writing and shall include the following:
008.02A The names of all parties to the proceeding upon which the order is based;
008.02B The facts upon which the order is based;
008.02C The statute, regulation, rule, or order at issue in the matter;
008.02D The agency's conclusion as to the applicability of the statute, regulation, rule, or order to the facts;
008.02E The agency's conclusion as to the legal effect or result of applying the statute, regulation, rule, or order to the facts; and
008.02F The reasons relied upon by the agency to support its conclusions.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-009 - Circumstances Under Which Agency Will Not Issue Declaratory Orders

Current through June 17, 2024
009.01 Grounds upon which the agency
shall
refuse to issue a declaratory order include, but are not limited to, the following:
009.01A The petition requests a declaratory order on a matter that is outside the scope of authority of the agency;
009.01B The petition requests review or appeal of a decision made by the agency in a contested case;
009.01C The petition requests a declaratory order on the effect of past conduct;
009.01D An investigation for purposes of a formal adjudication, a contested case, or a petition to issue, amend, or repeal regulations is pending before the agency involving the petitioner on substantially the same or similar facts or issues raised in the petition;
009.01E The petition seeks a declaration that a statute or rule or regulation is unconstitutional or invalid;
009.01F The issue raised in the petition has been settled by a change in circumstances or other means so as to render moot the need for a declaratory order:
009.01G An order would substantially prejudice the rights of a person or entity who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding;
009.01H An order would not resolve the controversy or uncertainty; or
009.01I The question posed or facts presented are insufficiently specific, overly broad, or are otherwise inappropriate as a basis upon which to decide the matter.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-010 - Appeal

Current through June 17, 2024
A declaratory order is subject to review in the manner provided for review of contested cases by the Administrative Procedure Act, Neb. Rev. Stat. §§
									84-901 to 84-920. Specific procedures for appeal are set forth in Neb. Rev. Stat. §
									84-917.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-001 - Negotiated Rulemaking Generally

Current through June 17, 2024
The negotiated rulemaking process can be used by state agencies, whenever appropriate, to resolve controversial issues prior to the commencement of formal rulemaking. 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. The negotiated rulemaking process does not preclude other agency efforts or processes designed to reach consensus with affected or interested persons concerning the content of rules or regulations. A consensus agreement on a proposed rule reached by a negotiated rulemaking committee may be modified by the agency as a result of a subsequent formal rulemaking process.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-002 - Definitions

Current through June 17, 2024
For purposes of this chapter:
002.01 APA
APA shall mean the Administrative Procedure Act, Neb. Rev. Stat. §§
										84-901 through 84-920.
002.02 Agency
Agency shall mean the Nebraska Commission on Public Advocacy when it is authorized by law to make rules and reulgations and is promulgating these procedural rules.
002.03 Agency director
Agency director shall mean the chief officer in charge of the unit of state government which is promulgating these procedural rules. If appropriate, agency director shall mean the governing board or the commission of state government which is promulgating these procedural rules.
002.04 Consensus
Consensus shall mean unanimous concurrence among the interests represented on a negotiated rulemaking committee unless the committee agrees upon another specified definition.
002.05 Convenor
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.
002.06 Facilitator
Facilitator shall mean a person who impartially aids in the discussion and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. A facilitator shall not have decisionmaking authority.
002.07 Interest
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.
002.08 Negotiated rulemaking
Negotiated rulemaking shall mean rulemaking through the use of a negotiated rulemaking committee.
002.09 Negotiated rulemaking committee or committee
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.
002.10 Person
Person shall mean an individual, partnership, limited liability company, corporation, association, governmental subdivision, agency, or public or private organization of any character.
002.11 Rule or regulation
Rule or regulation shall mean any rule, regulation, or standard issued by an agency, including the amendment or repeal thereof whether with or without prior hearing and designed to implement, interpret, or make specific the law enforced or administered by it or governing its organization or procedure, but not including rules and regulations concerning the internal management of the agency not affecting private rights, private interests, or procedures available to the public and not including permits, certificates of public convenience and necessity, franchises, rate orders and rate tariffs, and any rules of interpretation thereof and for the purpose of the APA, every rule and regulation which shall prescribe a penalty shall be presumed to have general applicability or to affect private rights and interests.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-003 - Establishment of a Negotiated Rulemaking Committee; Criteria

Current through June 17, 2024
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:
003.01 There is a need for the rule.
003.02 There are a limited number of identifiable interests that will be significantly affected by the rule.
003.03 There is a reasonable likelihood that a committee can be convened with a balanced representation of persons who:
003.03A Can adequately represent the interests identified; and
003.03B Are willing to negotiate in good faith to reach a consensus on the proposed rule.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-004 - Convenors: Selection: Duties

Current through June 17, 2024
An agency, at the discretion of the agency director, may use the services of a convenor.
004.01 An agency may employ or contract for an organization or an individual to serve as a convenor, or may use the services of a state employee to act as a convenor. A convenor shall not have a financial or other interest that would preclude him or her from serving in an impartial and independent manner. An agency shall determine whether a person under consideration as a convenor has such an interest. A person disqualified under this criterion shall be dropped from further consideration.
004.02 The convenor may assist the agency in making the determination of need for a negotiated rulemaking process discussed in section 003 above. The convenor may also assist the agency in:
004.02A Identifying persons who will be significantly affected by a proposed rule.
004.02B 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.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-005 - Petitions for the Use of a Negotiated Rulemaking Committee

Current through June 17, 2024
Any person may petition an agency to request the use of a negotiated rulemaking committee in the development or revision of a rule, as provided below.
005.01 A negotiated rulemaking process may be requested on any topic appropriate for a rule or regulation by the agency.
005.01A A negotiated rulemaking process may be requested only to develop or revise rules which carry out statutes that are within the authority of the agency to implement.
005.01B A negotiated rulemaking process may not be requested to develop a rule or regulation to vary or change the specific terms of a statute.
005.01C A negotiated rulemaking process may not be requested to negotiate a rule on a matter which is not within the definition of a rule or regulation as set forth in subsection 002.11 above.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-006 - Notice of a Negotiated Rulemaking Committee: Comment: Applications for Membership

Current through June 17, 2024
If an agency decides to go forward with the establishment of a negotiated rulemaking committee, the agency shall proceed with the following process.
006.01 The agency shall give notice to the Secretary of State, publish notice in a newspaper having general circulation in the state, and, as appropriate, publish notice in other newspapers and publications. The notice shall include:
006.01A An announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule.
006.01B A description of the subject and scope of the rule to be developed and the issues to be considered.
006.01C A list of interests likely to be significantly affected by the proposed rule.
006.01D A list of the persons proposed to represent the affected interests and the agency.
006.01E A proposed schedule for completing the work of the committee.
006.01F An explanation of how a person may apply for or nominate another person for membership on the committee.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-007 - Establishment of a Negotiated Rulemaking Committee: Procedure

Current through June 17, 2024
After publication of notice and termination of the comment and membership application period, the agency will consider the comments and membership applications for a particular negotiated rulemaking committee and determine whether such a committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule, and whether such a committee is feasible and appropriate in the particular rulemaking. In making the final determination as to creation of a negotiated rulemaking committee, the agency may use the services of a convenor as set out in section 004 above. In making the final determination as to creation of a negotiated rulemaking committee, this agency and its agency director will apply the criteria set out in 003 above.
007.01 If, after such a determination, the agency decides that a negotiated rulemaking procedure is feasible, it shall establish a negotiated rulemaking committee as provided in these regulations. The committee will negotiate issues and develop proposed rules for use by the agency in formal rulemaking.
007.02 If, after such a determination, the agency decides not to establish a negotiated rulemaking committee, the agency shall:
007.02A Notify the person who commented on, applied for membership on or nominated persons for membership on the particular negotiated rulemaking committee of the reasons for the decision not to establish such a committee.
007.02B Publish notice of the decision not to establish the particular negotiated rulemaking committee in a newspaper having general circulation in the state, and, as appropriate, in other newspapers and publications.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-008 - Negotiated Rulemaking Committee; Membership

Current through June 17, 2024
All members of a negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights and responsibilities as other members.
008.01 Members of a negotiated rulemaking committee may include:
008.01A A person designated by the agency to represent the agency. This person shall be authorized to fully represent the agency in the discussions and negotiations of the committee.
008.01B Persons selected by the agency as willing and qualified to represent the interests that will be significantly affected by the proposed rule.
008.01C Persons contacted and recruited by the negotiated rulemaking committee itself by consensus as essential to the success of the negotiated rulemaking process.
008.01D Persons selected by the negotiated rulemaking committee by consensus upon committee review of a petition for membership or nomination as set out in subsection 008.02 below.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-009 - Negotiated Rulemaking Committee: Operation

Current through June 17, 2024
A negotiated rulemaking committee established under these rules shall consider the matter proposed by the agency for consideration and shall attempt to reach consensus concerning a proposed rule and any other matter the committee determines is relevant to the proposed rule.
009.01 A negotiated rulemaking committee may adopt procedures or ground rules for the operation of the committee consistent with these rules and the pertinent Nebraska statutes.
009.02 The agency shall provide appropriate administrative support to a negotiated rulemaking committee including technical assistance and support.
009.03 The person representing the agency on a negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights and responsibilities as other members of the committee and shall be authorized to fully represent the agency in the discussions and negotiations of the committee.
009.04 If a negotiated rulemaking committee achieves consensus on a proposed rule at the conclusion of the negotiations, the committee shall transmit to the agency a report containing the proposed rule.
009.05 If a negotiated rulemaking committee does not reach a consensus on the propose rule, the committee shall transmit to the agency a report specifying areas in which the committee reached consensus and the issues that remain unresolved. The committee may include in the report any other information, recommendations, or materials that the committee considers appropriate. Any member of the committee may include as an addendum to the report additional information, recommendations or materials.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-010 - Facilitators: Selection: Duties

Current through June 17, 2024
A facilitator shall be selected to assist a negotiated rulemaking committee with its duties.
010.01 The agency may nominate a person to serve as a facilitator for the negotiations of a negotiated rulemaking committee, subject to the approval of the committee by consensus. If the committee does not approve the agency's nomination for facilitator, the agency shall submit a substitute nomination. If the committee does not approve the substitute nomination of the agency for facilitator, the committee shall select, by consensus, a person to serve as facilitator.
010.02 The agency may employ or contract for an organization or an individual to serve as a facilitator for a negotiated rulemaking committee or the agency may use the services of a state employee to act as a facilitator. A person designated by the agency to represent it on a negotiated rulemaking committee with respect to substantive issues may not serve as the facilitator. A facilitator shall not have a financial or other interest that would preclude him or her from serving in an impartial and independent manner. The agency shall determine whether a person under consideration for facilitator has such an interest. A person disqualified under this criterion shall be dropped from further consideration.
010.03 A facilitator approved or selected by a committee shall:
010.03A Preside at the meetings of the committee in an impartial manner.
010.03B Impartially assist members in conducting discussions and negotiations and achieving consensus.
010.03C Manage the keeping of minutes and records.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-011 - Negotiated Rulemaking Committee: Expenses

Current through June 17, 2024
Members of a negotiated rulemaking committee shall be responsible for their own expenses of participation. However, the agency may pay for a committee member's actual and necessary expenses incurred in serving on the committee as provided in Neb. Rev. Stat. §§
									81-1174 through 81-1177 and a reasonable per diem rate of compensation if:
011.01 The committee member certifies a lack of adequate financial resources to participate on the committee using Attachment 3; and,
011.02 The agency determines that the committee member's participation is necessary to assure an adequate representation of the interests of the members.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-012 - Grants or Gifts

Current through June 17, 2024
The agency may accept grants or gifts from any source to fund a negotiated rulemaking process if:
012.01 Information on the name of the person giving the grant or gift and the amount of the grant or gift is available to the public.
012.02 The grant or gift is given to and accepted by the agency without placing any condition on the membership of a committee or the outcome of the negotiated rulemaking process.
012.03 There is a consensus among the members of the negotiated rulemaking committee that the acceptance of the grant or gift will not diminish the integrity of the negotiated rulemaking process.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-013 - Negotiated Rulemaking Committee: Termination

Current through June 17, 2024
A negotiated rulemaking committee shall terminate upon the adoption of the final rule under consideration by the agency pursuant to the APA, unless the agency, after consulting the committee, or the committee itself specifies an earlier termination date.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 15 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 70-15-014 - Negotiated Rulemaking Procedure; Judicial Review

Current through June 17, 2024
Any action of the agency relating to establishing, assisting or terminating a negotiated rulemaking committee under the Negotiated
Rulemaking Act shall not be subject to judicial review, except that nothing in this section shall bar judicial review if such judicial review is otherwise provided by law.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-001 - Definitions

Current through June 17, 2024
The following definitions shall apply as used through Chapter 16 of these rules and regulations.
001.01 Agency
Agency shall mean each board, commission, department, officer, division, or other administrative office or unit of the state government authorized by law to make rules and regulations, except the Adjutant General's office as provided in chapter SS of the Nebraska Revised Statutes, the courts including the Nebraska Workers' Compensation Court, the Commission of Industrial Relations, the Legislature and the Secretary of State with respect to the duties imposed by the Administrative Procedure Act.
001.02 Contested Case
Contested case shall mean a proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.
001.03 Ex Parte Communication
Ex parte communication shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:
001.03A Communications which do not pertain to the merits of a contested case;
001.03B Communications required for the disposition of ex parte matters as authorized by law;
001.03C Communications in a rate making or rule making proceeding; and
001.03D Communications to which all parties have given consent.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-002 - Prohibitions Against Ex Parte Communications

Current through June 17, 2024
002.01 Prohibitions: When Applicable
The prohibitions found in this section shall apply beginning at the time notice for hearing is given. An agency may designate an earlier time, but such earlier time shall be required to be set forth in the agency's rules of procedure.
002.02 Prohibitions: To Whom Applicable
002.02A
Parties and Public.
No party in a contested case or other person outside the agency having an interest in the contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer or to an agency head or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.
002.02B
Persons in Decision Making Roles.
No hearing officer or agency head : or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case shall make or knowingly cause to be made an ex parte communication to any party in a contested case or other person outside the agency having an interest in the contested case.
002.02C
Investigators.
No agency head or employee engaged in the investigation or enforcement of a contested case shall make or knowingly cause to be made an ex parte communication to a hearing officer or agency head or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-003 - Intervention in a Contested Case

Current through June 17, 2024
003.01 Intervention in a contested case shall be allowed when the following requirements are met:
003.01A A petition for intervention must be submitted in writing to the hearing officer or designee at least five days before the hearing. Copies must be mailed by the petitioner for intervention to all parties named in the hearing officer's notice of the hearing;
003.01B The petition must state facts demonstrating that the petitioner's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and
003.01C The hearing officer or designee must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-004 - Commencement of a Contested Case

Current through June 17, 2024
004.01 The contested case begins with the filing of a petition and request for hearing, if applicable, with the agency. The petition is the initial document filed by or with an agency that sets forth a claim and request for agency action.
004.02 The parties to a contested case shall be the petitioner or person by whom a contested case is brought and the respondent or person against whom a contested case is brought.
004.03 A party may appear on his or her own behalf in a contested case proceeding or may be represented by an attorney or other representative as permitted by law.
004.04 The pleadings in a contested case may include a petition, answer, reply, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before an agency. Any pleading filed in a contested case shall meet the following requirements:
004.04A The pleading shall contain a heading specifying the name of the agency and the title or nature of the pleading, shall state material factual allegations and state concisely the action the agency is being requested to take, shall contain the name and address of the petitioner, and shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney.
004.04A(1) Attorneys shall also include their address, telephone number and bar number.
004.04A(2) The initial petition shall also contain the name and address of the respondent.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-005 - Hearing Officer: Criteria

Current through June 17, 2024
005.01 An agency may be authorized by law to delegate to a hearing officer other than the agency head or governing board the functions of conducting a prehearing conference and/or a hearing and submitting a recommended decision to the agency.
005.02 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 005.04.
005.03 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 advise a hearing officer in the same proceeding except as provided in subsection 005.04.
005.04 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.
005.05 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.
005.06 A person may serve as hearing officer at successive stages of the same contested case.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-006 - Prehearing Procedures

Current through June 17, 2024
006.01 Prehearing Conferences and Orders
A hearing officer designated to conduct a hearing may determine, subject to the agency's rules and regulations, whether a prehearing conference will be conducted. 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.
006.01A If a prehearing conference is conducted:
006.01A(1) 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
006.01A(2) 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 all give notice to other persons entitled to notice.
006.01A(3) The notice referred to in subsection 006.01A(2) shall include the following:
006.01A(3)(a) The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;
006.01A(3)(b) The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the agency;
006.01A(3)(c) The official file or other reference number, the name of the proceeding, and a general description of the subject matter;
006.01A(3)(d) A statement of the time, place, and nature of the prehearing Conference;
006.01A(3)(e) A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;
006.01A(3)(f) The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference;
006.01A(3)(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; and
006.01A(3)(h) Any other matters that the hearing officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-007 - Conducting a Contested Case Hearing

Current through June 17, 2024
007.01 Order
At the discretion of the hearing officer, the hearing may be conducted in the following order:
007.01A The hearing is called to order by the hearing officer. Any preliminary motions, stipulations or agreed orders are entertained.
007.01B Each party may be permitted to make an opening statement. Opening statements take place in the same order as the presentation of evidence.
007.01C Presentation of evidence.
007.01C(1) Evidence will be received in the following order:
007.01C(1)(a) Evidence is presented by the petitioner;
007.01C(1)(b) Evidence is presented by the respondent;
007.01C(1)(c) Rebuttal evidence is presented by the petitioner; and
007.01C(1)(d) Surrebuttal evidence is presented by the respondent.
007.01C(2) With regard to each witness who testifies, the following examination may be conducted:
007.01C(2)(a) Direct examination conducted by the party who calls the witness;
007.01C(2)(b) Cross-examination by the opposing party;
007.01C(2)(c) Redirect examination by the party who called the witness: and
007.01C(2)(d) Recross-examination by the opposing party.
007.01D After the evidence is presented, each party may have opportunity to make a closing argument. Closing arguments shall be made in the same order as the presentation of evidence. The hearing officer may request that the parties submit briefs in lieu of closing arguments.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-008 - Decision and Order in a Contested Case

Current through June 17, 2024
008.01 Every decision and order adverse to a party to the proceeding, rendered by an agency in a contested case, shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.
008.02 The decision and order should include:
008.02A The name of the agency and name of the proceeding;
008.02B The time and place of the bearing;
008.02C The names of all parties or their attorneys who entered an appearance at the hearing;
008.02D The findings of fact consisting of a concise statement of the conclusion upon each contested issue of fact;
008.02E The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and
008.02F The order consisting of the action taken by the agency as a result of the facts found and the legal conclusions arising therefrom.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION › Section 70-16-009 - Appeals

Current through June 17, 2024
009.01 Any person aggrieved by a final decision in a contested case is entitled to judicial review under the Administrative Procedure Act or to resort to such other means of review as may be provided by law.
009.02 Parties desiring to appeal an agency decision must file a petition for review in the district court of the county where the agency action is taken within 30 days after the service of the final decision by the agency. The 30-day period for appeal commences to run from the date of mailing of the notice of order and decision to the parties or their attorneys of record. Service of the petition and summons must be made in accordance with Nebraska law.
009.03 Unless otherwise provided by statute, the procedures of Neb. Rev. Stat. §
									84-917 govern the procedure for taking an appeal.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 1 - PUBLIC EMPLOYEES RETIREMENT BOARD MANAGEMENT › Section 303-1-002 - Board Meetings

Current through June 17, 2024
002.01 The Nebraska Public Employees
				Retirement Board shall hold a regular meeting each January and at such other
				times as may be requested by the Chairperson, Vice-Chairperson, or three Board
				members.
002.02 Except when it is
				necessary to hold an emergency meeting without reasonable advance public
				notice, notice of the time and place of Board meetings shall be given by
				publication in the
Lincoln Journal-Star
, the
Omaha
				World-Herald
newspapers, and the agency's website at least five days
				in advance of each meeting. The Board secretary shall maintain a list of the
				news media requesting notification of meetings and shall make reasonable
				efforts to provide advance notification to them of the time and place of each
				meeting, including emergency meetings, and the subjects to be discussed at that
				meeting.
002.03 Every meeting of
				the Public Employees Retirement Board shall be open to the public and shall be
				conducted in accordance with the open meetings provisions set forth in NEB.
				REV. STAT. §§
									84-1408
				through
				84-1414,
				et seq.
002.04 A quorum of the
				Board shall be required for the Board to hold a meeting and to conduct Board
				business. Attendance at any meeting by five members of the Board shall
				constitute a quorum.
002.05 A
				member may receive an excused absence from regular Board meetings upon the
				affirmative vote of a majority of the voting members of the Board present. In
				the event a Board member has more than three consecutive unexcused absences
				from regular Board meetings, the Chairperson shall notify the Governor of such
				absences and request the Governor remove the member from the Board for cause
				pursuant to 84-1501.
002.06 All
				motions before the Board shall require the affirmative vote of a majority of
				voting members present at the meeting of the Board to pass. All votes shall be
				taken by roll call.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 1 - PUBLIC EMPLOYEES RETIREMENT BOARD MANAGEMENT › Section 303-1-003 - Officers

Current through June 17, 2024
003.01 The Board shall elect a Chairperson, a
				Vice-Chairperson, and a Secretary at the Board's January meeting. Any duty
				imposed upon the Chairperson by these rules and 2. regulations may be performed
				by the Vice-Chairperson in the absence of the Chairperson. In the absence of
				both the Chairperson and the Vice-Chairperson, the Secretary shall have the
				authority to call the meeting to order and conduct an election for a
				Chairperson Pro Tem.
003.02 The
				Board Chairperson and Secretary shall be responsible for preparing the agenda
				for each meeting, publishing notice of the meeting, and preparing the minutes
				of the meeting. A preliminary agenda for all regular Board meetings shall be
				distributed to the Board at least seven days in advance of the meeting. The
				final agenda for each regular meeting shall be available for distribution not
				less than 24 hours before the meeting.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 1 - PUBLIC EMPLOYEES RETIREMENT BOARD MANAGEMENT › Section 303-1-004 - Subcommittees

Current through June 17, 2024
004.01 The following shall be standing
				subcommittees of the Board:
004.01(a)
				Regulation and Policy Review Committee;
004.01(b) Legislative Committee;
004.01(c) Budget and Personnel
				Committee;
004.01(d) Education
				Committee; and
004.01(e) Audit
				Committee
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 1 - PUBLIC EMPLOYEES RETIREMENT BOARD MANAGEMENT › Section 303-1-005 - Board Administrative Policies

Current through June 17, 2024
005.01 The Board shall appoint a Director to
				administer the Retirement Systems under the direction of the Board. The Board
				shall conduct a performance evaluation of the Director at least
				annually.
005.02 Except as
				expressly provided by statute or regulation, the Board may delegate to the
				Director responsibility for all day to day operations and decisions. All
				actions and decisions of the Director shall be subject to review by the Board
				upon the filing of an appeal by any person aggrieved by any action or decision
				of the Director.
005.03 The Board
				shall review and approve or disapprove all applications for disability
				retirement, emergency withdrawals from the deferred compensation plan, annual
				budget requests, monthly expense disbursements and retirement benefit payments,
				administrative service contracts, actuarial service provider contracts,
				compliance audit contracts, and 3. proposed rules and regulations. The Board
				shall be provided with copies of all actuarial reports, and all financial and
				compliance audit reports.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 1 - PUBLIC EMPLOYEES RETIREMENT BOARD MANAGEMENT › Section 303-1-006 - Board Travel Policy

Current through June 17, 2024
006.01 Except for routine travel to and from
				Board meetings, Board members and the Director shall submit travel requests to
				the Board for consideration in advance of such travel. The request shall state
				a business related reason for that travel and an estimate of the cost
				involved.
006.02 Travel by any
				Board member or the Director shall be approved upon an affirmative vote of a
				majority of voting members of the Board present. Any Board member who attends a
				conference paid for in whole or in part by Retirement System funds shall
				present a report to the Board following the member's return.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 2 - REMITTANCES › Section 303-2-001 - Scope of the Rule

Current through June 17, 2024
This rule provides the method by which employers shall remit
				  employee and employer contributions for the Retirement System for Nebraska
				  Counties, the Judges Retirement System, the School Employees Retirement System,
				  the State Patrol Retirement System, the State Employees Retirement System, and
				  the Deferred Compensation Plan.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 2 - REMITTANCES › Section 303-2-002 - School, Judges and State Patrol Remittances for Employee and Employer Contributions

Current through June 17, 2024
002.01 Remittances for School, Judges, and
				State Patrol employee and employer contributions must be submitted to NPERS no
				later than ten (10) calendar days following the end of the month for which the
				remittances are due.
002.02
				Remittances must be made to NPERS on a draft, money order, check, electronic
				transmittal, or other method approved by the Retirement Board.
002.03 Each employer shall submit a report
				listing individual salaries, contributions and hours worked to NPERS on forms
				approved by the Agency. The report must be submitted to NPERS no later than ten
				(10) calendar days following the end of the month for which the remittances are
				due.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 2 - REMITTANCES › Section 303-2-003 - State and County Remittances for Employee and Employer Contributions

Current through June 17, 2024
003.01 Remittances for State and County
				employee and employer contributions must be submitted to NPERS or NPERS'
				recordkeeper no later than ten (10) calendar days following the date the
				employee is paid.
003.02
				Remittances must be made to NPERS or NPERS' recordkeeper on a draft, money
				order, check, electronic transmittal, or a method approved by the Retirement
				Board. County employers shall submit either with their remittance or submit
				prior to their remittance, the report described in 003.03 of this
				rule.
003.03 Each employer shall
				submit a report listing individual salaries, contributions and hours worked to
				NPERS on forms approved by the Retirement Board. The report must be submitted
				to NPERS no later than ten (10) calendar days following the date the employee
				is paid
003.04 County employers
				shall submit to NPERS a report detailing pay period beginning and ending dates
				for the upcoming year, and payroll payment dates for the upcoming year, no
				later than December 31st of each current
				year.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 2 - REMITTANCES › Section 303-2-004 - Assessment of County Late Fees

Current through June 17, 2024
004.01 As provided in Neb. Rev. Stat. §
									23-2308,
				the Retirement Board may charge a county employer an administrative processing
				fee of twenty-five dollars ($25) if the reports of necessary information or
				payments made pursuant to this rule are received later than the date on which
				the Board requires that such information or money should be received.
004.02 As provided in Neb. Rev. Stat. §
									23-2308,
				the Retirement Board may charge a county employer a late fee of thirty-eight
				thousandths of one percent ( 0.038%) of the amount required to be submitted for
				each day such amount has not been received or in an amount equal to the amount
				of any costs incurred by the member due to the late receipt of contributions,
				whichever is greater. The late fee may be used to make a member's account whole
				for any costs that may have been incurred by the member due to the late receipt
				of contributions.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 2 - REMITTANCES › Section 303-2-006 - Non-Contributing Member Report

Current through June 17, 2024
A non-contributing member report must be submitted by a plan
				  Employer within twenty (20) days of an interruption in retirement contributions
				  or termination by the member.