reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 464 - RESPITE SUBSIDY PROGRAM ACROSS THE LIFESPAN › Chapter 1 - PROGRAM REQUIREMENTS › Section 464-1-017 - RIGHT TO APPEAL

Current through June 17, 2024
Any applicant or recipient has the right to appeal a
				  Department action to deny, terminate or reduce respite services under this
				  program based upon the following:
(A)
				Denial of Program application;
(B)
				Suspension of Program services;
(C)
				Reduction of Program services;
(D)
				Termination of Program services;
(E) Inaction or belief the Department's
				action was erroneous; or
(F) The
				Department determines an overpayment has occurred.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 464 - RESPITE SUBSIDY PROGRAM ACROSS THE LIFESPAN › Chapter 1 - PROGRAM REQUIREMENTS › Section 464-1-018 - APPEAL TIME LIMITS

Current through June 17, 2024
An appeal is made by requesting a fair hearing in writing
				  within 90 days of the date of the written notice or alleged inaction. The
				  appeal is timely if it is received by the Department within 90 days of the date
				  of the written notice or if it is post-marked within 90 days of the date of the
				  written notice. The appeal request must:
(1) Include a short, timely, and accurate
				summary of the Department's action being appealed;
(2) Describe the reason for the appeal;
				and
(3) Be sent to the Nebraska
				Department of Health and Human Services Hearing Office.
018.03(A)
CONTINUED SERVICE
				DURING APPEAL.
If an appeal is requested in writing within 10
				calendar days following the date the Notice of Action was mailed, the
				Department will not carry out the adverse action until a fair hearing decision
				is made, except when the adverse action is a denial of eligibility.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 464 - RESPITE SUBSIDY PROGRAM ACROSS THE LIFESPAN › Chapter 1 - PROGRAM REQUIREMENTS › Section 464-1-019 - LOCATING RESPITE PROVIDERS

Current through June 17, 2024
Recipients and caregivers are responsible for identifying,
				  hiring, supervising, and firing their own provider. Providers must be Nebraska
				  Lifespan Respite Network screened. Providers are not employees of the State of
				  Nebraska when providing respite services. Caregivers are encouraged to refer
				  family and friends to become Network screened providers.
019.01
DEPARTMENT
				DISCRETION.
The Department retains the authority to deny payment
				to a recipient's choice of provider in the following circumstances:
(A) The provider engages in fraudulent
				billing;
(B) The provider has
				committed fraud in other Department programs;
(C) The provider has been convicted of abuse
				or neglect of a vulnerable adult or child;
(D) The provider has been convicted of a
				violent crime;
(E) The provider has
				been convicted of child pornography;
(F) The provider has been convicted of
				domestic abuse or assault;
(G) The
				provider has been convicted of shoplifting after age 19 and within the last
				three years;
(H) The provider has a
				conviction for felony fraud in the past 10 years;
(I) The provider has a conviction for
				misdemeanor fraud in the past five years;
(J) The provider has a conviction for
				possession controlled substances within the last 10 years;
(K) The provider has a conviction for
				manufacturing of a controlled substances within the last 10 years;
(L) The provider has a conviction for
				prostitution or solicitation of prostitution within the last five
				years;
(M) The provider has a
				conviction for robbery or burglary within the last 10 years;
(N) The provider has a conviction for rape or
				sexual assault;
(O) The provider is
				a registered or required to be registered on a State or National Sex Offender
				Registry or Repository;
(P) The
				provider has a conviction for any crime against a child or vulnerable
				adult;
(Q) The provider has a
				conviction for kidnapping;
(R) The
				provider has a conviction for animal cruelty, abuse, or neglect;
(S) The provider has a conviction for
				arson;
(T) The provider has
				convictions for driving under the influence within the last five
				years;
(U) The provider has two or
				more pending driving under the influence charges; or
(V) The provider has convictions for any
				other crimes jeopardizing the safety of a child or vulnerable adult.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 464 - RESPITE SUBSIDY PROGRAM ACROSS THE LIFESPAN › Chapter 1 - PROGRAM REQUIREMENTS › Section 464-1-020 - SUPPORTIVE SERVICES

Current through June 17, 2024
The Department will not pay for support services with
				  respite approved funds. Supportive services include, but are not limited to,
				  administering medications, escort services, housekeeping services, and personal
				  care services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 1 - GENERAL INFORMATION › Section 465-1-001 - Purpose Statement

Current through June 17, 2024
The Program Manual of the Nebraska Department of Social
				  Services (NDSS) communicates information to Department staff concerning program
				  policies, procedures, standards, and forms. Title 465, "Introduction to the
				  Program Manual," contains rules and regulations common to all programs, and
				  general information regarding Department policies. As part of the Nebraska
				  Administrative Code (NAC), rules and regulations contained in the program
				  titles are binding on Department staff, applicants, clients, and providers of
				  services to the Department.
001.01
Availability of Program Manuals
1-001.01A
Federal
				Requirements
: Federal regulations require that program manuals and
				other policy issuances that affect the public, including rules and regulations
				governing eligibility, need and amount of assistance, recipient rights and
				responsibilities and services offered by the agency must be maintained in the
				Central Office and in each local and district office for examination. These
				documents must be available upon request for review, study and reproduction by
				individuals during regular working hours of the office. Copies of materials, if
				requested, must be made available without charge or at a charge related to the
				cost.
1-001.01B
State
				Requirements
: State statutes require that each agency shall make
				copies of its rules and regulations available to all interested persons on
				request, at a price fixed to cover cost of publication and mailing or if funds
				are available, the regulations may be furnished without cost.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 1 - GENERAL INFORMATION › Section 465-1-002 - User's Guide

Current through June 17, 2024
002.01
Composition of
				Manuals:
Program manuals are written primarily for Department staff
				  use for applying program policies in accordance with state and federal
				  requirements. Each title of the manual contains policies and also an
				  Appendix.
1-002.01A
The
				NAC
: The Administrative Procedures Act (APA) Sections
				84-901,
				et seq. of the Nebraska Revised Statutes mandates the procedures for state
				agencies to follow when adopting rules and regulations. The Nebraska
				Administrative Code (NAC) is a codification of certified regulations and rules
				of Nebraska state agencies covered by the APA. The Division of Regulations of
				the Secretary of State's Office is charged by statute with adopting the
				numbering system and format for regulations. This division assigns Titles to
				each agency.
1-002.01B
The Appendix
: The Department has added an appendix to
				each Title of the Manual to include supportive materials including forms,
				charts, listings, examples, miscellaneous procedures and other issuances which
				are not germane to the State NAC system. These supportive materials, though not
				regulatory, are binding on Department staff.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 1 - GENERAL INFORMATION › Section 465-1-003 - Legal Basis

Current through June 17, 2024
003.01
State:
The Nebraska Department of Social Services became the
				  official name of the Department by legislation on August 26, 1983. The
				  Department was formerly the Nebraska Department of Public Welfare established
				  as an executive department by the Legislature (Section
				  68-701 -
				  68-715, et seq. of the Nebraska Revised Statutes). The Department consists of a
				  Director appointed by the Governor and "such additional employees as may be
				  necessary to perform the functions of the Department in an efficient
				  manner."
1-003.01A
State
				Administration
: The 1982 Nebraska Legislature passed Legislative
				Bill (LB) 522 which changed the Department from county administration with
				state supervision to a department that is state administrated. On January 1,
				1983, the Department became the sole agency for administration of welfare
				programs (Section
				68-309,
				et seq. of the Nebraska Revised Statutes). Other state statutes related to
				specific program areas may be cited in the Title covered by that
				program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 2 - PROGRAM UNIVERSALS › Section 465-2-002 - Client Responsibilities

Current through June 17, 2024
Each applicant for, or client of, a Nebraska Department of
				  Social Services program has the responsibility to -
1. Provide timely and accurate information.
				Failure to provide complete and accurate information may result in criminal
				penalties under applicable state or federal laws;
2. Report a change in circumstances no later
				than ten days following the change. This includes information regarding -
a. Income and expenses;
b. Resources or other financial
				matters;
c. The purchase or trade
				of a car or other licensed vehicle;
d. Employment status;
e. Household composition such as the addition
				or loss of a household member;
f.
				Living arrangement;
g. Address;
				or
h. Incapacity or disability
				status;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 2 - PROGRAM UNIVERSALS › Section 465-2-003 - Department Responsibilities

Current through June 17, 2024
The DSS staff shall -
1. Allow anyone who requests assistance to
				complete an application;
2. Give an
				explanation of the program requirements;
3. Collect and review the information entered
				on the application form;
4. Explain
				fully the eligibility and benefit factors and how changes will affect
				eligibility and benefits;
5.
				Explain the eligibility and benefit factors that require
				verification;
6. Obtain the
				client's written consent for the needed verification;
7. Explore income that may be currently or
				potentially available;
8. Give
				information about other programs and services available through the agency for
				which the client may be eligible;
9. Inform the client about his/her rights and
				responsibilities (see 465 NAC
				2-001 and
				2-002);
10. Complete necessary reports and
				forms;
11. Act within 30 days on
				the client's application (for food stamp households entitled to expedited
				processing of the application, see 475 NAC 2-004.01);
12. Provide adequate notice to the client of
				any case action;
13. Maintain case
				records;
14. Inform the client of
				legal services available in the community if the client requests a fair
				hearing;
15. Uphold the client's
				civil rights. No person may be subjected to discrimination on the grounds of
				his/her race, color, national origin, sex, age, handicap, religion, or
				political belief;
16. Treat the
				client's information confidentially (see 465 NAC
				2-005); and
17. Exercise the prudent person principle
				(see 465 NAC 2-003.01).
003.01
Prudent Person Principle:
The prudent person principle is defined as the practice of
				  assessing all circumstances regarding a case and using good judgment in
				  requiring further verification, information, or
				  clarification.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 2 - PROGRAM UNIVERSALS › Section 465-2-004 - Other Responsibilities

Current through June 17, 2024
The Director and designated staff must ensure that all
				  Department programs are administered in accordance with the rules and
				  regulations of the Department, State Statutes, and Federal laws and
				  regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 2 - PROGRAM UNIVERSALS › Section 465-2-005 - Confidentiality

Current through June 17, 2024
Confidential information which identifies individuals who
				  apply for or receive assistance, benefits, or services from the Department must
				  be safeguarded. The following information is considered confidential:
1. All information contained in the files or
				available to staff members concerning applicants, clients, or other persons,
				under any program administered by the Nebraska Department of Social Services;
				and
2. All records and information
				including nursing facility cost reports for report periods ending on or before
				September 30, 1990, in the files of the Nebraska Department of Social Services
				pertaining to providers and vendors, other than aggregate statistical
				information which does not disclose services to individual recipients. Nursing
				facility cost reports filed for report periods ending October 1, 1990 or
				thereafter are public information and are available for inspection at the
				Central Office of the Department of Social Services. The Department may charge
				for copies of the cost reports.
005.01
General
				Information
2-005.01A
Authority
: Authority is given to the Nebraska
				Department of Social Services by Sections
				68-312
				through
				68-314, et
				seq. of the Nebraska Revised Statutes, to establish and enforce reasonable
				rules and regulations covering the custody, use, and preservation of records,
				files, and communications of the Department.
2-005.01B
Limitations
: Section
				68-313,
				et seq. of the Nebraska Revised Statutes states that all records, files,
				papers, and communications must be limited to purposes directly connected with
				the administration of -
1. Assistance to the
				Aged, Blind, or Disabled;
2. Aid to
				Dependent Children;
3. Medical
				Assistance;
4. Social
				Services;
5. Medically Handicapped
				Children's Program;
6. Food Stamp
				Program;
7. Food Distribution
				Program;
8. Energy Assistance
				Programs;
9. Matters concerned with
				proposed legislation or in relation to administration of state or county
				government; or
10. Rules and
				regulations of the Department.
Other programs of the Department are covered by these
				  limitations.
2-005.01C
Penalties
:
				Any person who knowingly misuses any public assistance information may be found
				guilty of a misdemeanor.
As a condition of employment, each employee is require to
				  complete Form PT-40, "Confidential Information Agreement". By signing this
				  form, the employee certifies that s/he has read and understands the disclosure
				  of information policies of the Department (see 465-000 -40).
2-005.01D
Specific Program
				Requirements
: Information regarding disclosure requirements for
				the Department's programs is found within specific titles of the Program
				Manual.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 2 - PROGRAM UNIVERSALS › Section 465-2-010 - Client Payment

Current through June 17, 2024
Payments to clients will be made by electronic means. The
				  Department will notify individuals in advance of a change to electronic
				  payment. The Department reserves the right to issue warrants when
				  appropriate.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-001 - Negotiated Rulemaking Generally

Current through June 17, 2024
The purpose of these regulations is to establish a framework
				  for the conduct of negotiated rulemaking consistent with the Administrative
				  Procedure Act and the Negotiated Rulemaking Act contained in LB 446, Neb. Laws,
				  1994. 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 also does not preclude other Department
				  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 Department as a result of a subsequent formal rulemaking
				  process.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-002 - Definitions

Current through June 17, 2024
For purposes of this Chapter of these model procedural
				  rules:
APA
shall mean the Administrative
				  Procedure Act,
Neb. Rev. Stat.
84-901 through
				  84-920.
Department Director
shall mean the
				  Director of the Department of Social Services.
Consensus
shall mean unanimous
				  concurrence among the interests represented on a negotiated rulemaking
				  committee unless the committee agrees upon another specified definition.
Convener
shall mean a person who
				  impartially assists the Department in determining whether establishment of a
				  negotiated rulemaking committee is feasible and appropriate for a particular
				  rulemaking procedure.
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 decision making authority.
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.
Negotiated rulemaking
shall mean
				  rulemaking through the use of a negotiated rulemaking 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.
Person
shall mean an individual,
				  partnership, limited liability company, corporation, association, governmental
				  subdivision, Department, or public or private organization of any
				  character.
Rule or regulation
shall mean any
				  rule, regulation, or standard issued by the Department, 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 Department 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 - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-003 - Establishment of a Negotiated Rulemaking Committee; Criteria

Current through June 17, 2024
The Department of Social Services may establish a negotiated
				  rulemaking committee to negotiate and develop a proposed rule if the director
				  determines that the use of the negotiated rulemaking procedure is in the public
				  interest. In making that determination, the director shall consider whether
				  -
1. There is a need for the
				rule.
2. There are a limited number
				of identifiable interests that will be significantly affected by the
				rule.
3. There is a reasonable
				likelihood that a committee can be convened with a balanced representation of
				persons who -
a. Can adequately represent the
				interests identified; and
b. Are
				willing to negotiate in good faith to reach a consensus on the proposed
				rule.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-004 - Conveners; Selection; Duties

Current through June 17, 2024
The Department of Social Services, at the discretion of the
				  director, may use the services of a convener.
The Department of Social Services may employ or contract for
				  an organization or an individual to serve as a convener, or may use the
				  services of a state employee to act as a convener. A convener shall not have a
				  financial or other interest that would preclude him or her from serving in an
				  impartial and independent manner. The Department shall determine whether a
				  person under consideration as a convener has such an interest. A person
				  disqualified under this criterion shall be dropped from further
				  consideration.
The convener may assist the Department in making the
				  determination of need for a negotiated rulemaking process discussed in 465 NAC
				  3-003. The convener may also assist
				  the Department in -
1. Identifying
				persons who will be significantly affected by a proposed rule; and
2. 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.
The convener shall report findings and make recommendations
				  to the Department. Upon request of the Department, the convener shall ascertain
				  the names of persons who are willing and qualified to represent the interests
				  that will be significantly affected by the proposed rule. That report by the
				  convener and any recommendations of the convener shall be public records and
				  made available to the public for review upon request.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-006 - Notice of a Negotiated Rulemaking Committee; Comment; Applications for Membership

Current through June 17, 2024
If the Department decides to go forward with the
				  establishment of a negotiated rulemaking committee, the Department shall
				  proceed with the following process
006.01
Notice:
The Department 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 -
1. An announcement
				that the Department intends to establish a negotiated rulemaking committee to
				negotiate and develop a proposed rule;
2. A description of the subject and scope of
				the rule to be developed and the issues to be considered;
3. A list of interests likely to be
				significantly affected by the proposed rule;
4. A list of the persons proposed to
				represent the affected interests and the Department;
5. A proposed schedule for completing the
				work of the committee; and
6. An
				explanation of how a person may apply for or nominate another person for
				membership on the committee.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-007 - 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 Department 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 Department may use the services of a convener as set
				  out in 465 NAC
				  3-004. In making the final
				  determination as to creation of a negotiated rulemaking committee, the
				  Department will apply the criteria set out in 465 NAC
				  3-003.
If, after such a determination, the Department 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 Department in formal
				  rulemaking.
If, after such a determination, the Department decides not to
				  establish a negotiated rulemaking committee, the Department shall -
1. Notify the persons 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; and
2.
				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 - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-008 - 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:
Members of a negotiated rulemaking committee may
				  include:
1. A person designated by the
				Department to represent it. This person shall be authorized to fully represent
				the Department in the discussions and negotiations of the committee.
2. Persons selected by the Department as
				willing and qualified to represent the interests that will be significantly
				affected by the proposed rule.
3.
				Persons contacted and recruited by the negotiated rulemaking committee itself
				by consensus as essential to the success of the negotiated rulemaking
				process.
4. Persons selected by the
				negotiated rulemaking committee by consensus upon committee review of a
				petition for membership or nomination as set out in 465 NAC
				3-008.02
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-009 - Negotiated Rulemaking Committee; Operation

Current through June 17, 2024
A negotiated rulemaking committee established under these
				  rules shall consider the matter proposed by the Department 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.
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.
The Department shall provide appropriate administrative
				  support to a negotiated rulemaking committee including technical assistance and
				  support.
The person representing the Department 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 Department in the discussions and
				  negotiations of the committee.
If a negotiated rule making committee achieves consensus on a
				  proposed rule at the conclusion of the negotiations, the committee shall
				  transmit to the Department a report containing the proposed rule.
If a negotiated rulemaking committee does not reach a
				  consensus on the proposed rule, the committee shall transmit to the Department
				  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 - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-010 - Facilitators; Selection; Duties

Current through June 17, 2024
A facilitator shall be selected to assist a negotiated
				  rulemaking committee with its duties.
010.01
Nomination of
				Facilitator:
The Department 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 Department's nomination for facilitator, the Department shall
				  submit a substitute nomination. If the committee does not approve the
				  substitute nomination of the Department for facilitator, the committee shall
				  select, by consensus, a person to serve as facilitator.
010.02
Employment or Contracting
				of Facilitator:
The Department may employ or contract for an organization or
				  an individual to serve as a facilitator for a negotiated rulemaking committee
				  or the Department may use the services of a state employee to act as a
				  facilitator. A person designated by the Department 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 Department 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
Duties of
				Facilitator:
A facilitator approved or selected by a committee shall
				  -
1. Preside at the meetings of the
				committee in an impartial manner;
2. Impartially assist members in conducting
				discussions and negotiations and achieving consensus; and
3. Manage the keeping of minutes and
				records.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-011 - 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 Department
				  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 -
1. The committee
				member certifies a lack of adequate financial resources to participate on the
				committee using Form 465-000 -14; and
2. The Department determines that the
				committee member's participation is necessary to assure an adequate
				representation of the interests of the members.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-012 - Grants or Gifts

Current through June 17, 2024
The Department may accept grants or gifts from any source to
				  fund a negotiated rulemaking process if -
1. 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;
2. The grant or gift is
				given to and accepted by the Department without placing any condition on the
				membership of a committee or the outcome of the negotiated rulemaking process;
				and
3. 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 - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-013 - 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 Department pursuant to
				  the APA, unless the Department, after consulting the committee, or the
				  committee itself specifies an earlier termination date.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-014 - Negotiated Rulemaking Procedure; Judicial Review

Current through June 17, 2024
Any action of the Department 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 - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 4 - PETITIONING FOR RULE MAKING › Section 465-4-001 - Rule Making Petition

Current through June 17, 2024
001.01
Petition:
Any person may petition the Department requesting the
				  promulgation, amendment, or repeal of a rule or regulation.
001.02
Form:
The petition shall -
1. Be clearly designated as a petition for a
				rules change;
2. In the case of a
				proposed new rule or amendment of an existing rule, set forth the desired rule
				in its entirety.;
3. In the case of
				a petition for the repeal of an existing rule, be stated and the rule proposed
				to be repealed shall either be set forth in full or shall be referred to by
				Department rule number;
4. Describe
				the reason for the rules change;
5.
				Include an address and telephone where the petitioner can be reached during
				regular work hours;
6. Be signed by
				-
a. The petitioner or his or her attorney in
				which case the attorney shall also state his or her address and telephone
				number; and
b. A duly authorized
				officer of the petitioner, if petitioner is a corporation or other legal
				entity.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 4 - PETITIONING FOR RULE MAKING › Section 465-4-002 - Petition Consideration and Disposition

Current through June 17, 2024
Within 60 days after submission of a petition, the
				  Department shall -
1. Deny the
				petition in writing, stating its reasons therefor; or
2. Initiate rulemaking or regulation making
				proceedings in accordance with the Administrative Procedure Act; and
3. If otherwise lawful, adopt a rule or
				regulation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-001 - General Information

Current through June 17, 2024
001.01
Scope of this
				Chapter:
This chapter pertains solely to the procedures to be used by
				  any person or entity seeking issuance of a declaratory order by a
				  Department.
001.02
Related Regulations:
In addition to this Chapter, related regulations pertaining
				  to administrative procedures before agencies are: 53 NAC Chapter 1, Model
				  Procedures for Negotiated Rulemaking, 53 NAC Chapter 2, Petitioning for
				  Rulemaking, and 53 NAC Chapter 4, Rules of Practice and Procedure for Hearings
				  in Contested Cases Before a Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-002 - Definitions

Current through June 17, 2024
As used in this chapter
Department
shall mean the Nebraska
				  Department of Social Services as defined in
Neb. Rev.
				  Stat
. *
				  84-901(1).
Director
shall mean the Director of
				  the Nebraska Department of Social Services.
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.
Contested case
shall mean 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.
Declaratory order proceeding
shall
				  mean a proceeding initiated by a petitioner seeking issuance of a binding order
				  by the Department as to the applicability of specified circumstances to a
				  statute, rule, regulation, or order within the primary jurisdiction of the
				  Department.
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.
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 Department's issuance of a binding
				  declaratory order.
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 who
				  is or would be adversely affected in a legally cognizable way by the
				  uncertainty sought to be resolved.
Parties
shall mean persons,
				  political subdivisions, corporations, organizations, or other entities subject
				  to the jurisdiction of the Department who are involved in a declaratory order
				  proceeding according to the procedures set forth in this chapter.
Petition
shall mean the document
				  filed in accordance with 465 NAC
				  5-003 to initiate a declaratory order
				  proceeding.
Petitioner(s)
shall mean a party or
				  parties who have filed a petition with the Department seeking issuance of a
				  declaratory order.
Pleading
shall mean any written
				  petition, answer, or motion used in any declaratory order proceeding before the
				  Department as set forth in this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-003 - Petition for Declaratory Order

Current through June 17, 2024
003.01
General
				Requirement:
A request for a declaratory order must be made by a petition
				  that meets the requirements of 465 NAC 5-003.04.
003.02
Who May File:
Any person may petition the Department for issuance of a
				  declaratory order as to the applicability to specified circumstances of a
				  statute, rule, regulation, or order which is within the primary jurisdiction of
				  the Department.
003.03
When Orders Appropriate:
A declaratory order may be requested on the applicability of
				  a statute, rule, regulation, or order enforced by the Department.
				  "Applicability" refers to the appropriateness of the relation of the law to the
				  person, property, or state of facts, or its relevance under the circumstances
				  given. It may include such questions as whether the law applies at all, to whom
				  it applies, when it applies, how it applies, or which law applies.
				  Considerations as to whether issuance of a declaratory order is appropriate
				  include -
1. A declaratory order may
				be requested only on the applicability of existing statutes and rules and
				regulations.
2. A declaratory order
				may be requested to obtain a determination of proposed conduct, not to obtain a
				determination of the effect of conduct that has already occurred.
3. A declaratory order is not a mechanism for
				review or appeal of a decision made by the Department in a contested
				case.
4. A declaratory order may
				not be requested to obtain a declaration by the Department that a statute or
				regulation is unconstitutional or that a regulation of the Department is
				invalid.
5. A declaratory order may
				not be issued by the Department that would substantially prejudice the rights
				of a person who would be a necessary party and who does not consent in writing
				to the determination of the matter by a declaratory order proceeding.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-004 - Submission and Service of Declaratory Order Petition

Current through June 17, 2024
The original petition for declaratory order shall be filed
				  with the Director by mail or in person during the Department's normal business
				  hours.
The petition shall be deemed as filed when it is actually
				  received by the Department. The Department shall date stamp all petitions upon
				  receipt.
At the same time the petition is filed with the Department,
				  the petitioner shall serve a copy of the petition by certified mail, return
				  receipt requested, on all necessary parties, including all persons, political
				  subdivisions, corporations, organizations, or other entities who are known to
				  have or claim any interest, legal right, duty, privilege, or immunity which
				  would be directly affected by issuance of a declaratory order in this matter by
				  the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-005 - Disposition of the Petition

Current through June 17, 2024
005.01
General
				Requirements:
Upon the filing of a petition, the Director may consider the
				  petition, refer the petition to an appropriate licensing or governing board, or
				  delegate the matter to a designated hearing officer, board, or Department
				  employee to consider the petition and recommend a decision to the Director. In
				  reviewing the petition, the Department may, in its discretion, do one or more
				  of the following:
1. Require that
				additional information be submitted before the petition will be further
				considered.
2. Require a petitioner
				to provide notice to persons or entities who may be necessary parties and other
				persons that a request for a declaratory order has been filed with the
				Department.
3. Schedule a date,
				time, and location at which the petitioner and any other parties to the
				proceeding may make an oral presentation on the petition.
4. Consider the petition and any attachments
				without oral presentation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-006 - Intervention in Declaratory Order Proceeding

Current through June 17, 2024
006.01
Requirements for
				Intervention:
Intervention by any person or entity in a declaratory order
				  proceeding shall be allowed when the following requirements are met:
1. A petition for intervention must be
				submitted in writing to the Department. Copies must be mailed to all parties to
				the proceeding.
2. The contents of
				the petition must be as specified in 465 NAC 5-006.02.
3. The Department 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 - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-007 - Declaratory Order Proceedings

Current through June 17, 2024
007.01
Oral Argument,
				When:
Oral argument shall be had only on specific order of the
				  Department. A petitioner, intervenor, necessary party, or the Department may
				  submit a motion for oral argument to the 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 Department with a
				  notice of the date, time, and location for oral argument. The Department shall
				  provide each of the parties with notice of the proceeding not less than 7 days
				  in advance of the scheduled date. Service shall be made by certified mail,
				  return receipt requested.
007.02
Oral Argument,
				Procedure:
Oral argument will be made before a hearing officer or
				  before any representative of the Department who is authorized to render or to
				  recommend a decision to the Department. The hearing officer or Department
				  representative shall be in control of the proceeding and shall -
1. Identify the proceeding and introduce
				himself or herself and identify each party for the record;
2. Hear the oral argument of the petitioner,
				intervenor, or necessary parties; and
3. Close the proceedings.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-008 - Issuance of Declaratory Order

Current through June 17, 2024
008.01
Time Limit for Issuance of
				Declaratory Order:
The Department shall issue its declaratory order within 60
				  days of the date on which the petition was filed.
008.02
Contents of Declaratory
				Order:
The declaratory order shall be in writing and shall include
				  the following -
1. The names of all
				parties to the proceeding upon which the order is based;
2. The facts upon which the order is
				based;
3. The statute, regulation,
				rule, or order at issue in the matter;
4. The Department's conclusion as to the
				applicability of the statute, regulation, rule, or order to the
				facts;
5. The Department's
				conclusion as to the legal effect or result of applying the statute,
				regulation, rule, or order to the facts; and
6. The reasons relied upon by the Department
				to support its conclusions.