reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-004 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS

Current through June 17, 2024
004.01
Prohibitions; when
				applicable
The prohibitions found in this Section shall apply beginning
				  at the time notice for hearing is given.
004.02
Prohibitions; to whom
				applicable
004.02A
Parties and public
. A party in a contested case or
				other person outside the Department having an interest in the application case
				shall not make or knowingly cause to be made an ex parte communication to the
				hearing officer or to the Director or any Department employee who is or may
				reasonably be expected to be involved in the decision making process of the
				application case.
004.02B
Persons in decision making roles
. The hearing officer,
				the Director or any Department employee who is or may reasonably be expected to
				be involved in the decision making process of the application case shall not
				make or knowingly cause to be made an ex parte communication to any party in an
				application case or other person outside the Department having an interest in
				the application case.
004.02C
Investigators
. No Department employee engaged in the
				investigation of an application case shall make or knowingly cause to be made
				an ex parte communication to a hearing officer or the Director or any
				Department employee who is or may reasonably be expected to be involved in the
				decision making process of the application case.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-005 - APPLICATION

Current through June 17, 2024
005.01 An application shall be submitted on
				the form designated by the Department and shall contain the information
				requested therein. The application shall be accompanied by the proper filing
				fee. No application shall be considered filed until the Department has deemed
				it substantially complete and has accepted it for filing.
005.02 The original and the number of copies
				specified on each form shall be filed with the Department at its main office.
				When the form does not specify the number of copies, an original and two copies
				shall be filed.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-006 - SETTING OF HEARING

Current through June 17, 2024
006.01 Except as otherwise provided by
				statute, the Department shall automatically schedule a hearing on all
				applications referenced in Section 002.01 through 002.13 of this Rule. Hearings
				on applications referenced in Sections 002.14 through 002.30 of this Rule shall
				be scheduled if the Director determines the financial condition of an applicant
				warrants a hearing, if notice of the filing of an application has been
				published and substantive objections, if any, are timely filed with the
				Department, or if the Director otherwise determines a hearing would be
				appropriate.
006.02 The time and
				place of an application hearing will be set according to the following
				restrictions:
006.02A A hearing on an
				application for a bank charter will be set and notice given in accordance with
				Section
				8-115.01.
006.02B A hearing on an application to
				organize a credit union shall be set and notice given in accordance with
				Section
				21-1725.01.
006.02C A hearing on an application for a
				license to operate an installment loan company shall be set and notice given in
				accordance with Section
				45-1006.
006.02D A hearing on an application filed
				pursuant to Section
				8-403 or Section
				8-403.01 will be set and
				notice given in accordance with Section
				8-403.01.
006.02E A hearing on an application for a
				delayed deposit services business license shall be set and notice given in
				accordance with Section
				45-907.
006.02F In the case of applications for
				charters, licenses or certificates filed pursuant to Sections
				8-120,
				8-201,
				8-331,
				8-372,
				8-403, and
				8-1510,
				the hearing date shall be at least 30 days after the date of the last
				publication of notice, and not more than ninety days after the filing of a
				substantially complete application, unless the applicant agrees to a later
				date.
006.02G In all proceedings
				for which there does not exist a statute or specific rule, setting forth
				procedure for publication, setting and notice of hearing, the procedure
				followed for hearing, notice and publication will be in accordance with Section
				8-115.01.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-007 - PROTEST IN AN APPLICATION HEARING OR CASE

Current through June 17, 2024
007.01 Except for good cause shown, any
				person wishing to appear at and participate in an application hearing as a
				protesting party shall file a written protest with the Director 30 days prior
				to the date of hearing, unless the law or Department Rules provide otherwise,
				and shall show service of a copy of the written protest upon the applicant or
				its attorney. For purposes of this Section, good cause shall have the same
				meaning as is set forth in Section
				006.03A of this
				Rule.
007.02 All protests shall be
				subscribed and verified and shall include a statement binding the protestant to
				pay his, her or its proportionate share of the costs of the hearing under
				Section 011.06 of this Rule.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-008 - HEARING OFFICER; CRITERIA

Current through June 17, 2024
008.01 The Director may delegate to a hearing
				officer the functions of conducting a prehearing conference and/or a hearing
				and submitting a recommended decision to the Director.
008.02 A person who has served as
				investigator, prosecutor, or advocate in an application 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 Section 008.04 of this
				Rule.
008.03 A person who is
				subject to the authority, direction, or discretion of a person who has served
				as investigator, prosecutor, or advocate in an application 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 Section 008.04 of this
				Rule.
008.04 If all parties
				consent, a person who has served as, or who is subject to the authority,
				direction, or discretion of a person who has served as, investigator,
				prosecutor, or advocate in an application case or in its prehearing stage, may
				assist a hearing officer in the preparation of orders.
008.05 A person may serve as hearing officer
				at successive stages of the same application case.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-009 - PREHEARING PROCEDURES

Current through June 17, 2024
009.01 In the case of an application for a
				charter, certificate or license filed pursuant to Sections
				8-120,
				8-201,
				8-331,
				8-372,
				8-403, or
				21-1725.01,
				for which a protest has been filed, a prehearing conference will be held at the
				Department's main office at least seven days prior to the date of the hearing,
				unless all parties agree to waive the prehearing conference. In all other
				application hearings, the Director or a hearing officer designated to conduct a
				hearing may determine whether a prehearing conference will be conducted. If a
				prehearing conference is not held, the Director or the hearing officer for the
				hearing may issue a prehearing order, based on the pleadings, to regulate the
				conduct of the proceedings.
009.02
				If a prehearing conference is conducted:
009.02A The hearing officer shall promptly
				notify the Department of the determination that a prehearing conference will be
				conducted. The Director may assign another hearing officer for the prehearing
				conference.
009.02B 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 protests in the matter. The Department shall give notice
				to other persons entitled to notice.
009.02C The notice referred to in Section
				009.02B of this
				Rule shall include the following:
009.02C1
				The names and mailing addresses of all parties and other persons to whom notice
				is being given by the hearing officer;
009.02C2 The name, official title, mailing
				address, and telephone number of any counsel or employee who has been
				designated to appear for the Department;
009.02C3 The name of the proceeding, and a
				general description of the subject matter;
009.02C4 A statement of the time, place, and
				nature of the prehearing conference;
009.02C5 A statement of the legal authority
				and jurisdiction under which the prehearing conference and the hearing are to
				be held;
009.02C6 The name,
				official title, mailing address, and telephone number of the hearing officer
				for the prehearing conference;
009.02C7 A statement that a party who fails
				to attend or participate in a prehearing conference, hearing, or other stage of
				the application case or who fails to make a good faith effort to comply with a
				prehearing order may be held in default under the APA; and
009.02C8 Any other matters that the hearing
				officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-011 - HEARING

Current through June 17, 2024
011.01 Order
011.01A Evidence will be received in the
				following order:
011.01A1 The Department shall
				offer into evidence as exhibits copies of the application, notice of hearing,
				proof of publication of the notice of hearing, proof of payment of the
				application fee and all protests or other correspondence received pertaining to
				the application. Said exhibits shall not be offered to prove the truth of any
				statement contained therein.
011.01A2 Applicant.
011.01A3 Protestants.
011.01A4 Rebuttal by Applicant.
011.01A5 Rebuttal by Protestants.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-012 - DECISION AND ORDER

Current through June 17, 2024
012.01 Every decision and order rendered by
				the Department in an application case shall be in writing or stated in the
				record and, if in writing, shall be accompanied by findings of fact and
				conclusions of law.
012.02 The
				decision and order should include:
012.02A
				The name of the Department and name of the proceeding;
012.02B The time and place of the
				hearing;
012.02C The names of all
				parties and their attorneys who entered an appearance at the hearing;
012.02D The findings of fact consisting of a
				concise statement of the conclusions upon each contested issue of
				fact;
012.02E The conclusions of
				law consisting of the applications of the controlling law to the facts found
				and the legal results arising therefrom, including specific conclusions
				regarding the requirements of the specific application as set forth in 49 NAC 3
				(Proof Requirements for Granting of Applications); and
012.02F The order consisting of the action
				taken by the Department as a result of the facts found and the legal
				conclusions arising therefrom.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-013 - APPEALS

Current through June 17, 2024
013.01 Any person aggrieved by a final
				decision in an application case is entitled to judicial review under the APA or
				to resort to such other means of review as may be provided by law.
013.02 Parties desiring to appeal a
				Department decision must file a petition for review in the District Court of
				Lancaster County, Nebraska, within 30 days after the service of the final
				decision by the Department. 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.
013.03 The APA governs the procedure for
				taking an appeal.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 3 - PROOF REQUIREMENTS FOR GRANTING OF APPLICATIONS › Section 49-3-001 - GENERAL

Current through June 17, 2024
001.01 This Rule has been promulgated
				pursuant to authority delegated to the Director in Section
				84-909
				of the APA.
001.02 The Department
				has determined that this Rule is in the public interest.
001.03 The definitions in 49 NAC 1.002 shall
				apply to the provisions of this Rule, unless otherwise specified.
001.04 This Rule applies to all application
				cases whether or not a hearing is required, set, or held.
001.05 The requirements of this Rule are not
				all inclusive. An applicant must comply with any additional standards required
				by applicable statute, other Rules of the Department, and as prescribed in the
				forms of the Department.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 3 - PROOF REQUIREMENTS FOR GRANTING OF APPLICATIONS › Section 49-3-004 - APPLICATIONS FOR CHARTERS, LICENSES, OR CERTIFICATES OF AUTHORITY

Current through June 17, 2024
004.01 An applicant for a charter to engage
				in a banking business must show to the Department that:
004.01A The application will promote the
				public necessity of the community where the applicant proposes to be located;
004.01B The application will
				promote the convenience and advantage of the community where the applicant
				proposes to be located; and
004.01C
				There is a substantial likelihood that there will be no adverse effect on
				existing financial institutions in the applicant's proposed primary service
				area, other than normal competitive effects, if the application is
				approved.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 3 - PROOF REQUIREMENTS FOR GRANTING OF APPLICATIONS › Section 49-3-005 - APPLICATIONS TO MOVE CHARTERS, LICENSES, OR CERTIFICATES OF AUTHORITY

Current through June 17, 2024
005.01 An applicant for the move of the
				charter and main office of a bank outside the corporate limits of the city
				where the charter is located must show to the Department that:
005.01A The application will promote the
				public necessity of the community where the applicant proposes to
				relocate;
005.01B The application
				will promote the convenience and advantage of the community where the applicant
				proposes to relocate;
005.01C There
				is a substantial likelihood that there will be no adverse effect on existing
				financial institutions in the applicant's proposed primary service area, other
				than normal competitive effects, if the application is approved; and
005.01D Proof that the move will have a
				minimal effect on applicant's existing customers in the community being
				vacated. Such proof may be shown by the existence of a branch in that
				community. If an applicant cannot provide such proof, it must submit a proposal
				to continue to serve such customers on a limited basis.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 3 - PROOF REQUIREMENTS FOR GRANTING OF APPLICATIONS › Section 49-3-006 - APPLICATIONS TO ESTABLISH BRANCH OR AUXILIARY OFFICES

Current through June 17, 2024
006.01 An applicant to establish a branch of
				a bank must submit to the Department:
006.01A
				A written business plan which contains:
006.01A1 A description of the activities to
				be conducted and the services provided at the proposed branch;
006.01A2 If the description contained in
				Section
				006.01Al of this
				Rule, differs, in whole or in part, from applicant's business at any of its
				existing offices, a discussion of the expertise available to the applicant for
				the successful conduct of the activities;
006.01A3 A showing of adequate staffing and
				supervision;
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 3 - PROOF REQUIREMENTS FOR GRANTING OF APPLICATIONS › Section 49-3-007 - APPLICATIONS TO MOVE BRANCH OR AUXILIARY OFFICES

Current through June 17, 2024
007.01 An applicant to move a branch of a
				bank, building and loan association, savings and loan association, or savings
				bank, or an applicant to move a branch trust office, or an applicant to move an
				auxiliary office of an industrial loan and investment company, must provide to
				the Department:
007.01A An explanation of the
				reasons for the move;
007.01B Proof
				that closing the existing office will have a minimal effect on applicant's
				existing customers. If an applicant cannot provide such proof, it must submit a
				proposal to continue to serve such customers on a limited basis;
007.01C The proposal is financially feasible;
				and
007.01D If the move is outside
				the corporate limits of the city where the office is currently is located, an
				applicant must also provide:
007.01D1 A
				written business plan which contains:
007.01D1(a) A description of the activities
				to be conducted at the proposed location;
007.01D1(b) If the description contained in
				007.01D 1(a), above, differs, in whole or in part, from applicant's business at
				any of its existing offices, a discussion of the expertise available to the
				applicant for the successful conduct of the activities;
007.01D1(c) A showing of adequate staffing
				and supervision; and
007.01D2 Pro forma financial statements for
				the office for the three years following opening.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 3 - PROOF REQUIREMENTS FOR GRANTING OF APPLICATIONS › Section 49-3-008 - OTHER APPLICATIONS

Current through June 17, 2024
008.01 An applicant for a cross industry
				acquisition or merger must show to the Department that:
008.01A The application will promote the
				public necessity of the community or communities where the applicant proposes
				to be additionally located as a result of the application;
008.01B The application will promote the
				convenience and advantage of the community or communities where the applicant
				proposes to be additionally located as a result of the application;
				and
008.01C The customers of the
				financial institution to be acquired or merged will be adequately served
				following the acquisition or merger.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 3 - PROOF REQUIREMENTS FOR GRANTING OF APPLICATIONS › Section 49-3-009 - PUBLIC NECESSITY OR NEED

Current through June 17, 2024
009.01 For purposes of this Rule, in
				determining whether an application would promote the public necessity or need,
				the Department will examine whether the applicant will promote the legitimate
				interests of the community as a whole.
009.02 An applicant must demonstrate that it
				has a sound financial institution structure that is reasonably competitive,
				fully adequate for the needs of the community and operated on a profitable
				basis.
009.03 In making these
				determinations, the Department will consider, among other things:
009.03A The size of the primary and secondary
				service area;
009.03B The
				demographics of the primary service area;
009.03C The agricultural, commercial,
				residential and industrial development of the primary and secondary service
				areas;
009.03D The potential growth
				of the area;
009.03E The number and
				size of any financial institutions already serving the proposed primary and
				secondary service areas; and the dates when they were established;
009.03F The adequacy of the services being
				provided by the existing financial institutions compared to the needs of the
				residents and the services to be offered by the applicant. Services may include
				electronic banking; and
009.03G The
				capability of existing financial institutions to handle potential development
				and growth of the area.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 3 - PROOF REQUIREMENTS FOR GRANTING OF APPLICATIONS › Section 49-3-010 - CONVENIENCE AND ADVANTAGE OF THE COMMUNITY

Current through June 17, 2024
For purposes of this Rule, in determining whether an
				  application would promote the convenience and advantage of the community, the
				  Department will consider, among other things:
010.01A The convenience of the locations of
				any existing financial institutions to residents of the area as compared to
				convenience of the applicant's proposed location;
010.01B The number of persons in the area who
				desire to use the proposed financial institution and the amount of business
				they would generate;
010.01C The
				benefits and advantages to the community offered by the applicant or which
				would result if the application is approved; and
010.01D Applicant's most recent federal
				Community Reinvestment Act evaluation, if any.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-001 - GENERAL

Current through June 17, 2024
001.01 This Rule has been promulgated
				pursuant to authority delegated to the Director in Section
				84-909
				of the APA.
001.02 The Department
				has determined that this Rule is in the public interest.
001.03 The definitions in 49 NAC 1.002 shall
				apply to the provisions of this Rule, unless otherwise specified.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-002 - SCOPE

Current through June 17, 2024
This Rule shall apply to all contested case hearings before
				  the Department, except application hearings covered by 49 NAC
				  2.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-003 - DEFINITIONS

Current through June 17, 2024
For purposes of this Rule, the following additional
				  definitions shall apply:
003.01
				Contested case means a proceeding before the Department in which the legal
				rights, duties, or privileges of specific parties are required by law or
				constitutional right to be determined after a Department hearing. A contested
				case proceeding may encompass any matter within the jurisdiction of the
				Department where a complaint is made against any charter or license holder.
				Contested case includes, but is not limited to, the following actions:
003.01A Orders revoking the approval of a
				bank director pursuant to
Neb
.
Rev
.
Stat
. §
										8-126.
003.01B Orders revoking an executive
				officer's license pursuant to
Neb
.
Rev
.
Stat
. §
										8-139.
003.01C Orders revoking, denying or
				suspending a registration or license pursuant to
Neb
.
Rev
.
Stat
. §§
				8-1103,8 -1109, 8-1109.01, 45-1033, 45-346, 45-706, 45-717, or
				45-922.
003.01D Orders to cease and
				desist from violations of statutes enforced by the Department pursuant to
Neb
.
Rev
.
Stat
. §§
										8-1108.01,
				8-1717,
				21-1732,
				45-1019,
				45-1020,
				45-157,
				45-191.09,
				45-350,
				45-353,
				45-171,
				45-923,
				59-1725,
				or
				69-2117.
003.01E Orders disallowing an exemption from
				registration under the Securities Act of Nebraska pursuant to
Neb
.
Rev
.
Stat
. §
										8-1111(11)
				or (15).
003.01F Orders denying an exemption from
				registration under the Securities Act of Nebraska pursuant to
Neb
.
Rev
.
Stat
. §
										8-1111(2).
003.01G Orders imposing administrative fines
				pursuant to
Neb
.
Rev
.
Stat
. §§
										8-1108.01,
				8-1717,
				45-1017,
				45-191.09,
				45-351,
				45-171.01,
				45-921,
				59-1725,
				or
				69-2117.
003.01H Orders barring or censuring an
				individual registered or licensed by the Department pursuant to
Neb
.
Rev
.
Stat
.
				§
										8-1108.01.
003.01I Orders restricting the making of
				loans by a credit union pursuant to
Neb
.
Rev
.
Stat
. §
										21-1732.
003.01J Orders suspending or prohibiting a
				credit union official from participating in the management of the credit union
				pursuant to
Neb
.
Rev
.
Stat
. §
										21-1732.
003.01K Orders issued pursuant to
Neb
.
Rev
.
Stat
. §§
										8-1,134
				to
				8-1,139.
003.01L Orders requiring the divestiture of
				stock pursuant to
Neb
.
Rev
.
Stat
. §
										8-1513(4).
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-004 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS

Current through June 17, 2024
004.01
Prohibitions; when
				applicable
The prohibitions found in this Section shall apply beginning
				  at the time notice for hearing is given.
004.02
Prohibitions; to whom
				applicable
004.02A
Parties and public
. A party in a contested case, a
				non-party participant, or any other person outside the Department having an
				interest in the contested case shall not make or knowingly cause to be made an
				ex parte communication to the hearing officer or to the Director or any
				Department employee who is or may reasonably be expected to be involved in the
				decisionmaking process of the contested case.
004.02B
Persons in decisionmaking
				roles
. A hearing officer or the Director or any Department
				employee who is, or may reasonably be expected to be, involved in the
				decisionmaking process of the contested case shall not make or knowingly cause
				to be mode an ex parte communication to any party in a contested case, a
				non-party participant, or other person outside the Department having an
				interest in the contested case.
004.02C
Investigators
. A Department employee engaged in the
				investigation or enforcement of a contested case shall not make or knowingly
				cause to be mode an ex parte communication to a hearing officer or the Director
				or any Department employee who is or may reasonably be expected to be involved
				in the decisionmaking process of the contested case.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-005 - COMMENCEMENT OF A CONTESTED CASE

Current through June 17, 2024
005.01 The porties to a contested case shall
				be the Department and the person or persons against whom a contested case is
				brought ("Respondent").
005.02 The
				contested case begins with the filing of a complaint by the Department or a
				request for hearing by a party with the Department.
005.02A The complaint is the initial document
				filed by the Department and shall set forth the specific facts of the alleged
				violation and the administrative sanctions sought to be imposed by the
				Deportment action. A complaint may be styled as an order to a particular person
				to show cause why the Department should not take a specified action.
005.02B A request for a hearing shall include
				any pleading filed which seeks review of the appropriateness of an order issued
				by the Department.
005.02C The
				Department shall serve a copy of the complaint on each Respondent listed in the
				petition personally or by first-class or certified mail. Written proof of such
				service shall be filed in the official record.
005.02D If the complaint does not include a
				notice of hearing, any Respondent to a complaint may request a hearing as
				provided by statute under which the complaint was filed. For all other
				complaints, a Respondent who chooses to file a responsive pleading must do so
				within 20 days from the date of personal service or the date of the mailing of
				the complaint by the Department.
005.02E Amendments.
005.02E1 A complaint may be amended at any
				time before a responsive pleading is filed or is due if notice is given to the
				Respondent or his or her attorney of record. In all other cases, a petitioner
				must request permission to amend from the hearing officer.
005.02E2 A hearing officer may also allow, in
				his or her discretion, the filing of supplemental pleadings alleging facts
				material to the case occurring after the original pleadings were filed. A
				hearing officer may also permit amendment of pleadings where a mistake appears
				or where amendment does not materially change a claim or defense.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-006 - INTERVENTION IN A CONTESTED CASE

Current through June 17, 2024
006.01 Intervention in a contested case shall
				be allowed when the following requirements are met:
006.01A A petition for intervention must be
				submitted in writing to the Department at least five days before the hearing.
				Copies must be mailed by the petitioner for intervention to all parties named
				in the notice of the hearing. Such petition shall comply with the general
				provisions relating to pleadings set forth in Section 005.03 of this
				Rule.
006.01B 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, state with particularity the position of the petitioner for
				intervention on the matters to be considered at the hearing, and identify any
				other person whom the petitioner for intervention represents.
006.01C The hearing officer or Director 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 - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-007 - HEARING OFFICER; CRITERIA

Current through June 17, 2024
007.01 The Director may delegate to a hearing
				officer other than the Director the functions of conducting a prehearing
				conference and/or a hearing and submitting a recommended decision to the
				Director.
007.02 A person who has
				served as investigator, witness, or prosecutor 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 Section 007.04 of this
				Rule.
007.03 A person who is
				subject to the authority, direction, or discretion of a person who has served
				as investigator, witness or prosecutor 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 Section 007.04 of this Rule.
007.04 If all parties consent, a person who
				has served as, or who is subject to the authority, direction, or discretion of
				a person who has served as investigator, witness or prosecutor in a contested
				case or in its prehearing stage may assist a hearing officer in the preparation
				of orders.
007.05 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.
007.06 A person may serve as hearing officer
				at successive stages of the same contested case.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-008 - PREHEARING PROCEDURES

Current through June 17, 2024
008.01
Prehearing conferences and
				orders
A hearing officer designated to conduct a hearing may
				  determine, subject to the Department's rules and regulations, whether a
				  prehearing conference will be conducted. If a prehearing conference is not
				  held, the hearing officer may issue a prehearing order, based on the pleadings,
				  to regulate the conduct of the proceedings.
008.01A If a prehearing conference is to be
				conducted:
008.01A1 The hearing officer shall
				promptly notify the Director of the determination that a prehearing conference
				will be conducted. The Director may assign another hearing officer for the
				prehearing conference.
008.01A2 The
				hearing officer for the prehearing conference shall set the time and place of
				the conference and give reasonable written notice to all parties, to all
				persons who have filed written petitions to intervene and to all non-party
				participants in the matter.
008.01A3 The notice referred to in Section
				008.01A 2 of this Rule shall include the following:
008.01A3(a) The names and mailing addresses
				of all parties and other persons to whom notice is being given by the hearing
				officer;
008.01A3(b) The name,
				official title, mailing address, and telephone number of the attorney who has
				been designated to appear for the Department;
008.01A3(c) The name of the proceeding, and a
				general description of the subject matter;
008.01A3(d) A statement of the time, place,
				and nature of the prehearing conference;
008.01A3(e) A statement of the legal
				authority and jurisdiction under which the prehearing conference and the
				hearing are to be held;
008.01A3(f)
				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 APA; and
008.01A3(g) Any
				other matters that the hearing officer considers desirable to expedite the
				proceedings.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-010 - DECISION AND ORDER IN A CONTESTED CASE

Current through June 17, 2024
010.01 Every decision and order adverse to a
				party to the proceeding, rendered by the Department in a contested case, shall
				be in writing or stated in the record and, if in writing, shall be accompanied
				by findings of fact and conclusions of law.
010.02 The decision and order should include:
010.02A The name of the Department and name
				of the proceeding.
010.02B The time
				and place of the hearing.
010.02C
				The names of all parties or their attorneys who entered an appearance at the
				hearing and all non-party participants.
010.02D The findings of fact consisting of a
				concise statement of the finding with regarding to each contested issue of
				material fact.
010.02E The
				conclusions of law consisting of the application of the controlling law to the
				facts found and the legal results arising therefrom.
010.02F The order consisting of the action
				taken by the Department as a result of the facts found and the legal
				conclusions arising therefrom.
010.02G The hearing officer shall submit a
				recommended order which complies with the provisions of this Section to the
				Director. The Director may adopt the recommended order without a separate
				order. The Director may accept or reject in whole or in part the recommended
				order.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-011 - APPEALS

Current through June 17, 2024
011.01 Any person aggrieved by a final
				decision in a contested case is entitled to judicial review under the APA or to
				resort to such other means of review as may be provided by law.
011.02 Parties desiring to appeal an order of
				the Department rendered pursuant to the APA must file a petition for review in
				the District Court of Lancaster County, Nebraska, within thirty (30) days after
				the service of the final decision by the Department. The thirty 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.
011.03 The APA governs the procedure for
				taking an appeal.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 4 - RULE OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 49-4-012 - LIBERAL CONSTRUCTION

Current through June 17, 2024
This rule shall be liberally construed to secure a just,
				  speedy and inexpensive determination of the issues presented in any contested
				  case.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-001 - GENERAL

Current through June 17, 2024
001.01 This Rule has been promulgated
				pursuant to authority delegated to the Director in Section
				84-912.01
				of the APA.
001.02 This Rule sets
				forth the procedures to be used by any person seeking issuance of a declaratory
				order by the Department.
001.03 The
				Department has determined that this Rule is in the public interest.
001.04 The definitions in 49 NAC 1.002 shall
				apply to the provisions of this Rule, unless otherwise specified.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-002 - DEFINITIONS

Current through June 17, 2024
For purposes of this Rule, the following additional
				  definitions shall apply:
002.01
				Argument means the oral or written statement of the petitioner or any other
				party which explains his or her view of the facts and issue(s) to be decided,
				the law applicable to the question(s) presented, and the reasoning that
				connects the facts and law.
002.02
				Contested case means a proceeding before the Department in which the legal
				rights, duties, or privileges of specific parties are required by law or
				constitutional right to be determined after hearing before the
				Department.
002.03 Declaratory
				order proceeding means 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, or order within the primary jurisdiction of
				the Department.
002.04 Intervenor
				means any person who has or claims 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.
002.05 Necessary party means a person who has
				a specific interest in the applicability of the statute, rule, or order under
				consideration, as distinguished from a general interest such as may be the
				concern of the public at large. A necessary party is one which is or would be
				adversely affected in a legally cognizable way by the uncertainty sought to be
				resolved.
002.06 Party means any
				person subject to the jurisdiction of the Department who is involved in a
				declaratory order proceeding according to the procedures set forth in this
				Rule.
002.07 Petition means the
				document filed in accordance with Section 003 of this Rule to initiate a
				declaratory order proceeding.
002.08 Petitioner(s) means the party or
				parties who have filed a petition with the Department seeking issuance of a
				declaratory order.
002.09 Pleading
				means any written petition, answer, or motion used in any declaratory order
				proceeding before the Department as set forth in this Rule.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-003 - PETITION FOR DECLARATORY ORDER

Current through June 17, 2024
003.01
Generally
.
A request for a declaratory order must be made by a petition
				  that meets the requirements of this Section.
003.02
Who May File
.
Any person may petition the Department for the issuance of a
				  declaratory order as to the applicability of a specific statute, rule, or order
				  within the primary jurisdiction of the Department to the person's specific
				  circumstances.
003.03
When Orders Are Appropriate
.
A declaratory order may be requested on the applicability of
				  a statute, rule, 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:
003.03A A declaratory order may be requested
				only on the applicability of existing statutes and rules or an outstanding
				order.
003.03B 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.
003.03C A declaratory order is not a
				mechanism for review or appeal of a decision made by the Department in a
				contested case.
003.03D A
				declaratory order may not be requested to obtain a declaration by the
				Department that a statute or rule is unconstitutional or that a rule of the
				Department is invalid.
003.03E 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 - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-004 - SUBMISSION AND SERVICE OF DECLARATORY ORDER PETITION

Current through June 17, 2024
004.01 The original petition for declaratory
				order shall be filed with the Director by mail or in person during the
				Department's normal business hours.
004.02 The petition shall be deemed as filed
				when it is actually received by the Department. The Department shall date stamp
				all petitions upon receipt.
004.03
				Within five (5) days of the date that 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
				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. The petitioner may request an alternative means
				of service if the petitioner can demonstrate that service by certified mail is
				not feasible and the requested alternative means of services has as great of a
				likelihood of notification of all necessary parties as certified mail.
004.03A The petitioner shall include a list
				of the names or categories of entities of all necessary parties to the
				declaratory action with the petition when filed with the Department. The
				Department may require the petitioner to notify additional parties if it
				determines the list has not identified all necessary parties.
004.03B The petitioner shall file with the
				Department proof of service on all necessary parties identified in the
				petition.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-005 - DISPOSITION OF THE PETITION

Current through June 17, 2024
005.01 Upon the filing of a petition, the
				Director may consider the petition, or delegate the matter to a designated
				hearing officer or Department representative to consider the petition and
				recommend a decision. In reviewing the petition, the Director or his or her
				designee may, in his or her discretion, do one or more of the following:
005.01A Require that additional information
				be submitted before the petition will be further considered;
005.01B Require a petitioner to provide
				notice to persons not previously notified that a request for a declaratory
				order has been filed with the Department;
005.01C 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; or
005.01D Consider the petition and any
				attachments without oral presentation.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-006 - INTERVENTION IN DECLARATORY ORDER PROCEEDING

Current through June 17, 2024
006.01 Intervention by any person in a
				declaratory order proceeding shall be allowed when the following requirements
				are met:
006.01A A petition for intervention
				is submitted in writing to the Department. Copies must be mailed to all parties
				to the proceeding.
006.01B The
				petition complies with the requirements set forth in Section 006.02.
006.01C The Department determines that the
				interests of justice and the orderly and prompt conduct of the proceedings will
				not be impaired by allowing the intervention.