reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-003 - COMMENCEMENT OF PROCEEDINGS

Current through June 17, 2024
003.01
How Initiated;
  Parties.
A contested case begins if proper delivery of notice or
  request for hearing, as applicable, is obtained, by:
003.01A Timely request for hearing after the
  issuance of written notice by the Decisionmaker of the denial of an application
  either totally or partially. The sole parties to a denial action shall be the
  applicant, as appellant, and the Department as appellee.
003.01B Timely request for hearing after the
  issuance of written notice by the Decisionmaker of refusal to renew a license,
  certificate or other form of approval. The sole parties to an action involving
  refusal of renewal shall be the holder of the license, certificate or other
  approval, as appellant and the Department, as appellee.
003.01C The filing of a petition for
  discipline. The sole parties shall be the State of Nebraska on the relation of
  the Attorney General, as plaintiff, and the licensee or certificate holder, as
  defendant.
003.01D Timely request
  for hearing after the issuance of written notice by the Decisionmaker of
  revocation, suspension, citation or other discipline. The sole parties shall be
  the Department, as plaintiff, and the licensee, certificate holder, permittee,
  or holder of other approval, as defendant.
003.01E Except as provided in 006.04, timely
  request for hearing after denial of an application or a petition for
  reinstatement of a license, certificate or other form of authority. The sole
  parties shall be the person requesting reinstatement, as petitioner, and the
  Department, as respondent.
003.01F
  Timely request for hearing after the issuance of an administrative order by the
  Decisionmaker compelling or prohibiting performance of an action by any person.
  The sole parties shall be the Department, as plaintiff, and the person to whom
  the order is directed, as defendant.
003.01G The filing of a timely request for
  appeal of a decision by a person or entity, other than the Department, which
  the Department is authorized by law to review. The sole parties shall be the
  person requesting review, as appellant, and the person whose decision is the
  subject of review, as appellee.
003.01H An Order to Show Cause why the
  Department should not take disciplinary or other action against a person. The
  sole parties shall be the Department as petitioner, and the person to whom the
  order is directed, as respondent.
003.01I Such other actions as may require a
  hearing as provided by law or constitutional right. Hearing, Not
  Required.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-004 - APPLICATIONS

Current through June 17, 2024
004.01
Application: How
  Made.
An application shall be made on forms prescribed by the
  Department. No application shall be considered to be complete for purposes of
  Department review unless and until it is accompanied by all supporting data
  required by applicable statutes and rules and regulations of the
  Department.
004.02
Procedure When Incomplete.
Except where otherwise
  provided by statute or regulation, the Department shall, within 30 working days
  of receipt of an application, notify an applicant if his or her application is
  incomplete and the information necessary to complete the application. An
  applicant shall have 30 days from the date of mailing of said notice in which
  to submit the information necessary to complete the application. If the
  Department does not receive the information within that period, it will not
  consider the application and will so notify the applicant. A new application
  will be required. The Department may grant additional time for applicants to
  complete their application in cases in which delay is caused because documents
  must be obtained from third parties or for other good cause. The time for
  Department action under 004.04 shall not begin until the application is
  complete.
004.03
Assistance by Department Staff, Advice.
Department
  staff will make reasonable efforts to assist applicants in making applications
  by providing necessary forms and pertinent regulations governing the substance
  of applications and procedures for their processing and advising of their
  completeness as provided in 004.02.
004.04
Time for Department
  Action.
Within one hundred fifty (150) days after an application
  is complete the Department will either issue a decision to grant the
  application or give notice to the applicant of denial and of the method and
  time to request hearing. An application may be granted without the necessity
  for holding a public hearing unless otherwise required by law.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-005 - DENIAL, REFUSAL TO RENEW, SUSPENSION, REVOCATION OR OTHER DISCIPLINE GENERALLY

Current through June 17, 2024
005.01
Scope.
The
  procedures of this section are those generally applicable in actions involving
  denial, refusal to renew, discipline of licenses, certificates or other forms
  of approval. They are not applicable to petitions for discipline, covered under
  section 006, or when another regulation or statute calls for a different
  procedure.
005.02
Notice of Action.
A denial, refusal to renew,
  suspension, revocation or other discipline may be made in the form of a notice,
  order or letter. The notice, order, or letter shall:
005.02A Provide the person affected
  reasonable notice of the factual basis for the action and of the statutory or
  regulatory provisions supporting the action;
005.02B Notify the person affected of his or
  her right to request a hearing and of the time and method for doing so; or, if
  hearing is not required, notice that no hearing will be held and the basis for
  that determination;
005.02C Be
  served by certified or registered mail, return receipt requested, except that
  in cases of renewal under 71-110 and 71-149, service may be made by regular
  United States mail, sufficient postage prepaid.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-007 - PROCEDURES IN SPECIAL CASES

Current through June 17, 2024
007.01 Summary Suspensions or Limitations
Under some statutes the Department is authorized to suspend, limit or
	 take other action against a license, certificate, permit, registration or other
	 form of approval to take effect immediately without advance notice or hearing,
	 because of an imminent danger to public health, safety or welfare. In such
	 cases, the following procedures shall apply unless a statute or other
	 regulation
(see e.g.
, Neb. Rev. Stat. § 71-147.02
	 and section
	 006.01B) provides
	 for a different procedure:
007.01A The
  notice of violations alleged shall be accompanied by an Order which shall:
007.01A1 Recite the basis for the immediate
  suspension, limitation or other action taken,
i.e
the
  basis for the Department's finding that reasonable cause exists to believe that
  the violations alleged have occurred and are grounds for discipline, and for
  its determination that such violations constitute an immediate danger to the
  public requiring summary action;
007.01A2 Set the matter for hearing and
  notify the person against whom the action is taken of the date, time and
  location of hearing and issues for hearing.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-008 - HEARING OFFICERS

Current through June 17, 2024
008.01 Appointment of a Hearing Officer
Upon receipt of a timely request for hearing or the filing of a
	 petition or other pleading initiating a contested case, the Director shall
	 designate a Hearing Officer.
008.01A
  The Director may designate him/herself, an employee of the Department, an
  attorney, or any other individual to serve as Hearing Officer.
008.01B In designating a hearing officer, the
  Director shall consider the following:
008.01B1 A person who has served as
  investigator, prosecutor, or advocate in a contested case or in its prehearing
  stage may not serve as hearing officer or assist or advise a hearing officer in
  the same proceeding except as provided in
  008.01B3.
008.01B2 A person who is subject to the
  authority, direction, or discretion of one who has served as investigator,
  prosecutor, or advocate in a contested case or in its prehearing stage may not
  serve as hearing officer or assist or advise a hearing officer in the same
  proceeding except as provided in
  008.01B3.
008.01B3 If all parties consent, a person who
  has served as, or who is subject to the authority, direction, or discretion of
  one who has served as, investigator, prosecutor, or advocate in a contested
  case or in its prehearing stage may assist a hearing officer in the preparation
  of orders.
008.01B4 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.
008.01B5 A person may serve as a hearing
  officer at successive stages of the same contested case.
008.01C The Director may designate in writing
  any person(s) employed by the Department to appoint Hearing Officers. Such
  designation(s) shall be of public record and available in the offices of the
  Director.
008.01D The Director or
  his designee may substitute hearing officers at any time unless the Director or
  Hearing Officer determines that substitution would result in substantial
  prejudice to the rights of the part- parties, in which case a new hearing will
  be set or the case dismissed without prejudice to the right to bring a new
  action.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-009 - PLEADINGS AND OTHER FILINGS

Current through June 17, 2024
009.01 General requirements for all pleadings
  and other filings
009.01A
Form.
Except as provided in section 005 of these
  regulations, all pleadings and filings other than letters shall contain:
009.01A1 A caption, which shall include:
009.01A1a The venue,
e,q
,: "BEFORE THE DEPARTMENT OF HEALTH, STATE OF
  NEBRASKA".
009.01A1b The names and
  capacities of the parties.
009.01A1c The name of the pleading
(e.g.
, petition, motion, etc.).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-011 - EVIDENCE

Current through June 17, 2024
011.01
Admissibility
  Generally
.
In contested cases, the Department may admit and give probative effect
	 to evidence which possesses probative value commonly accepted by reasonably
	 prudent persons in the conduct of their affairs. It shall give effect to the
	 rules of privilege recognized by law. It may exclude incompetent, irrelevant,
	 immaterial, and unduly repetitious or cumulative evidence. The rules of
	 evidence applicable in civil actions in district courts of this state will not
	 be applied unless requested by a party as set forth in 010.15 of these
	 regulations.
011.01A
Privileges.
When an issue of constitutional or
  statutory privilege arises at hearing, the Hearing Officer may require briefs
  to support the assertion or to address any issues of waiver of a privilege and,
  if necessary for orderly progression of the case, continue the hearing until
  privilege issues are resolved.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-012 - HEARINGS

Current through June 17, 2024
012.01
Public
  Attendance
.
Hearings on contested cases are open to the public, except that
	 evidence subject to a protective order may be received in camera or under such
	 conditions as may be appropriate to preserve confidentiality.
012.01A A record shall be made of any portion
  of a hearing held in camera. The Director may order the record sealed to be
  made available only for purposes of review by the Director or other person
  authorized to recommend or render a decision in the case, or by a court of
  competent jurisdiction in any appeal.
012.01B The fact that a party or witness may
  be embarrassed or subject to public ridicule by reason of the public being
  present shall not be grounds to close a hearing to the public.
012.01C Nothing in this regulation shall be
  construed to limit the power of the Hearing Officer to maintain decorum by
  ordering unruly spectators to leave the hearing room, or from reasonably
  limiting the number of spectators.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-013 - DECISIONS

Current through June 17, 2024
013.01
Decisions,
  Generally
.
Every final decision rendered by the Department shall be in writing or
	 stated in the record, and shall be accompanied by findings of fact and
	 conclusions of law. The parties to the proceeding shall be notified of the
	 decision by certified mail or registered mail, return receipt requested.
	 Service on the attorney for a party shall be deemed service on the party. The
	 department may withhold a final decision from public access for a period of
	 five (5) days from the date the decision is entered or until service is made,
	 whichever is earliest.
013.01A
Proposed Findings of Fact and Conclusions of Law.
The
  parties may request opportunity to submit proposed findings of fact and
  conclusions of law for the consideration of the Director or other person
  authorized to make a final decision in the case. The Director or Hearing
  officer may also require that the parties submit proposed findings. The parties
  must serve copies of the proposed findings on each other. Either party may
  submit written objections to the proposed findings of the other by motion made
  within five (5) days of their receipt of the proposal or such other time as the
  Director or Hearing Officer may order. Any such objections shall identify the
  evidence in support of that party's objection.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-014 - RECONSIDERATION OF DECISION

Current through June 17, 2024
014.01 Circumstances
A reconsideration of a matter that has been decided may occur:
014.01A When a motion for rehearing filed by
  a party dissatisfied with the decision of the Department is granted;
  or
014.01B When a court to which a
  decision has been appealed remands the case for reconsideration or
  rehearing.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-015 - APPEALS

Current through June 17, 2024
015.01 By Whom
Any person aggrieved by a final decision in a contested case before the
	 Department, whether the decision is affirmative or negative in form, is
	 entitled to judicial review under the Administrative Procedure Act, or to
	 resort to such other means of review as may be provided by
	 law.
015.02 When
Persons desiring to appeal a Department decision must do so within
	 thirty (30) days after the service of the final decision of the
	 Department.
015.03 Procedure
Unless otherwise provided by statute or regulation, the procedures of
	 Neb. Rev. Stat. §
										84-917
	 govern the procedure for taking an appeal.
015.04 Enforcement of the Decision (Stay)
The filing of an appeal in a court of competent jurisdiction does not
	 stay the enforcement of a Department decision. The Department may order a stay,
	 or the court may order a stay after notice to the Department of an application
	 for stay. In determining whether to grant a stay, the Department will consider
	 whether a stay is justified to protect against a substantial threat to public
	 health, safety or welfare.
015.05 Record on Appeal
The Department shall, within thirty (30) days after service of a
	 petition on appeal, or within such further time as the court for good cause may
	 allow, prepare and transmit to the court a certified transcript of the
	 proceedings, including the final decision under appeal. The record shall
	 contain:
015.05A Notice of all
  proceedings;
015.05B Any pleadings,
  motions, requests, preliminary or intermediate rulings and orders, and any
  similar correspondence to and from the agency pertaining to the case;
015.05C The transcribed record of the
  hearing, including all exhibits and evidence introduced during the hearing,
  statement of matters officially noticed, and all offers of proof and objections
  and rulings thereon;
015.05D The
  final order appealed from.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Section 184-1-016 - REPEAL

Current through June 17, 2024
The former Rules of Practice and Procedure of the Department, 184 NAC
	 1, are hereby repealed.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 1 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE HEARINGS › Attachment 184-1-3

Current through June 17, 2024
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	 here to view
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Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 2 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR DECLARATORY ORDERS › Section 184-2-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern the form to be used in petitioning
	 the Department for a declaratory order and the procedure for submission of
	 petitions, their consideration, and their disposition.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 2 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR DECLARATORY ORDERS › Section 184-2-002 - DEFINITIONS

Current through June 17, 2024
As used in these regulations the following definitions shall
	 apply:
002.01
Argument
Argument means the oral statement of the petitioner or any other party
	 which explains his or her view of the facts and issue to be decided, the law
	 applicable to the question presented, and the reasoning that connects the facts
	 and law.
002.02
Contested Case
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
Declaratory Order means a written response by the Department to a
	 question submitted by an person with respect to the applicability to specified
	 circumstances of any statute, rule, regulation or order within the primary
	 jurisdiction of the Department.
002.04
Department
Department means the Department of Health.
002.05
Director
Director means the Director of Health.
002.06
Intervenor
Intervenor shall mean persons who have or claim to have any interest,
	 legal right, duty, privilege, or immunity which would be directly affected by
	 the agency's issuance of a binding declaratory order.
002.07
Necessary
  Party
Necessary Party as distinguished from a general interest such as may be
	 the concern of the public at large, and who is or would be adversely affected
	 in a legally cognizable way by the uncertainty sought to be
	 resolved.
002.08
Party
Party means the petitioner and any person granted leave to intervene in
	 a declaratory order proceeding.
002.09
Person
Person means individuals, partnerships, any bodies politic or
	 corporations, either profit or non-profit.
002.010
Petition
Petition shall mean the document filed in accordance with section 003
	 of these regulations to initiate or to intervene in a deelartory order
	 proceeding.
002.011
Petitioner
Petitioner means the person filing a petition for declaratory
	 order.
002.12
Rule or Regulation
Rule or Regulation means any rule, regulation, or standard issued by
	 the Department certified and filed with the Secretary of State of the State of
	 Nebraska under the Administrative Procedure Act, Neb. Rev. Stat. §
										84-901
	 et
seq
.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 2 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR DECLARATORY ORDERS › Section 184-2-003 - DECLARATORY RULINGS GENERALLY

Current through June 17, 2024
003.01 Purpose
A declaratory order procedure provides a means by which persons, may
	 request a response to a question about a statute, regulation, or order as it
	 applies to specified circumstances.
003.02 Subjects for Declaratory Orders
A declaratory order may be requested on the applicability of a
	 statute, regulation or order enforced by the Department.
003.02A "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.
003.02B A declaratory order may be requested
  only on the applicability of existing statutes and rules and
  regulations.
003.02C 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 taken place or
  is taking place.
003.02D A
  declaratory order is not a mechanism for review or appeal of a decision made by
  the Department in a contested case.
003.02E 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.
003.02F 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 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 2 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR DECLARATORY ORDERS › Section 184-2-004 - PETITION FOR DECLARATORY ORDER

Current through June 17, 2024
004.01
Request
.
A request for a declaratory order must be made by petition that meets
	 the requirements of subsections 004.02 and 004.03 of this
	 section.
004.02
Form
.
004.02A
Pleading.
a petition for declaratory order may be in
  the form of a pleading or letter which shall contain:
004.02A1 A caption, which shall include:
004.02A1a The venue: BEFORE THE DEPARTMENT OF
  HEALTH, STATE OF NEBRASKA;
004.02A1b A heading specifying the subject
  matter and the name of the petitioner; and
004.02A1c The name of the pleading: PETITION
  FOR DECLARATORY RULING.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 2 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR DECLARATORY ORDERS › Section 184-2-005 - CONSIDERATION AND DISPOSITION OF PETITIONS

Current through June 17, 2024
005.01
Process
  Generally
.
Upon the filing of a petition, the Director may consider the petition
	 for him/herself, refer a petition to an appropriate licensing or governing
	 board, or delegate the matter to a designated hearing officer, board, or %e a
	 Department employee to consider the petition and recommend a decision to the
	 Director.
005.01A In reviewing a
  petition, the Department may, in its discretion do one or more of the
  following:
005.01A1 Require that additional
  information be submitted before the petition will be considered.
005.01A2 Require petitioner to provide notice
  to persons who may be necessary parties and other persons of the pendency of
  the proceeding;
005.01A3 Schedule a
  date, time and location at which the petitioner and any other parties may make
  an oral presentation on the petition.
005.01A4 Consider the petition and any
  attachments without oral presentation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 2 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR DECLARATORY ORDERS › Section 184-2-006 - APPEAL

Current through June 17, 2024
006.01 Right of Review
A declaratory order is subject to review in the manner provided in the
	 Administrative Procedure Act, Neb. Rev. Stat. §
										84-917,
	 for contested cases.
006.02
  Stay
The taking of an appeal does not stay the enforcement of a binding
	 decision. The Department or a court of competent jurisdiction may stay action
	 upon application by the appealing party.
006.03 Record
Within thirty (30) days after service on the Department of a petition
	 on appeal, or such time as the court may allow, the Department shall prepare
	 and transmit to the appropriate court a certified transcript of the proceedings
	 before it. The record in a declaratory order action shall consist of, as
	 applicable:
006.03A The petition and
  attachments to the petition;
006.03B Any request for additional
  information and the response of the petitioner;
006.03C The notice of oral
  argument;
006.03D The brief of the
  petitioner or any other party;
006.03E The transcribed record of oral
  presentation(s) made before the Department;
006.03F Motions, requests or correspondence
  by or between the petitioner or any other party and Department pertaining to
  the petition; and
006.03G The
  declaratory order appealed from.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 2 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR DECLARATORY ORDERS › Attachment 184-2-A

Current through June 17, 2024
BEFORE THE DEPARTMENT OF HEALTH STATE OF NEBRASKA
IN THE MATTER OF THE DECLARATORY ) SAMPLE
ORDER REQUEST OF
_____name
, ) PETITION
	 FOR
Petitioner. ) DECLARATORY ORDER
COMES NOW the petitioner,
_____(name)____
, and
	 under the authority of Neb. Rev. Stat. §
									84-907.09
	 and 184 NAC 2, Rules of Practice and Procedure of the Department of Health for
	 Declaratory Orders, requests that the Department of Health issue a declaratory
	 order. In support of this request, the petitioner states the following:
1. That the Department of Health (Check as
  applicable):
() has promulgated ____ NAC ____, entitled ____________________
_______________________________________________________
() administers the provisions of Neb. Rev. Stat. §_____________,
	 which states:
() in:
___(case)_____
issued an order dated
	 _______ in ______ concerning the following:
2. That persons known to petitioner to have a
  specific personal interest in the applicability of the above
  statute/regulation/order and who is are or would be adversely affected by the
  uncertainty sought to be resolved by this request based upon the following
  facts include the following:
3.
  That consents to determining the issues in this petition by a declaratory order
  proceeding are attached:
4. That
  the question for which a declaratory order is sought is:
5. That a declaratory order on this question
  is requested based on the following factual situation:
6. That petitioner asks the Department to
  make a order finding that:
7. The
  reasons that the Department should rule as requested are:
_____
8. Petitioner
  requests opportunity to make an oral presentation on the petition.
DATED this _______day of ______________, 19___.
___________________________
Signature of Petitioner
STATE OF NEBRASKA )
) ss.
COUNTY OF ______ )
BEFORE KE personally appeared_____________, who, being first duly
	 sworn, deposed and said that s/he is the petitioner or authorized
	 representative of petitioner and that the facts submitted in this petition are
	 true and complete.
(SEAL)
__________________
Notary Public
My commission expires____________________________________ *
TYPE OR PRINT:
_______________________________________________________
Full name
_______________________________________________________
Street Apt/Suite
_______________________________________________________
City State/Zip
Telephone: () _________________
REFER TO AND ATTACH ALL DOCUMENTS WHICH SUPPORT THE
	 PETITION
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 3 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR PETITIONS FOR PROMULGATION, AMENDMENT, OR REPEAL OF REGULATIONS › Section 184-3-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern the form to be used in petitioning
	 the Department to promulgate, amend or repeal regulations
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 3 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR PETITIONS FOR PROMULGATION, AMENDMENT, OR REPEAL OF REGULATIONS › Section 184-3-002 - DEFINITIONS

Current through June 17, 2024
As used in these regulations the following definitions shall
	 apply:
002.01
Argument
Argument means the oral or written statement of the petitioner which
	 explains his or her view of the facts and issue to be decided, the law
	 applicable to the question presented, and the reasoning that connects the facts
	 and law.
002.02
Department
Department means the Department of Health.
002.03
Director
Director means the Director of Health.
002.04
Person
Person means individuals, partnerships, any bodies politic, and
	 corporations, either profit or non-profit.
002.05
Petitioner
Petitioner means the person filing a petition for promulgation or
	 amendment or repeal of rules or regulations.
002.06
Rule or
  Regulation
Rule or Regulation means any rule, regulation, or standard issued by
	 the Department certified and filed with the Secretary of State of the State of
	 Nebraska under the Nebraska Administrative Procedure Act, Neb. Rev. Stat.
	 §
										84-901
	 et
seq
.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 3 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR PETITIONS FOR PROMULGATION, AMENDMENT, OR REPEAL OF REGULATIONS › Section 184-3-003 - PETITIONS GENERALLY

Current through June 17, 2024
003.01
Purpose
.
The petition process provides a means by which persons may request that
	 the Department examine the propriety of issuing new regulations or amending or
	 repealing existing regulations.
003.02
Subjects for
  Petitions
.
003.02A A petition to
  amend or repeal a rule or regulation may be requested only on the applicability
  of existing statutes and rules and regulations.
003.02B A petition 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.
003.02C A petition to amend or to issue new
  rules or regulations is appropriate only when the subject matter concerns
  something that the Department has authority to regulate.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 3 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR PETITIONS FOR PROMULGATION, AMENDMENT, OR REPEAL OF REGULATIONS › Section 184-3-004 - PETITION - FORM AND GENERAL FILING REQUIREMENTS

Current through June 17, 2024
004.01
Request
.
A petition must meet the requirements of subsections 004.02 and 004.03
	 of this section.
004.02
Form
.
004.02A
Pleading.
A petition shall be in the form of a
  pleading which shall contain:
004.02A1 A
  caption, which shall include:
004.02A1a The
  venue: BEFORE THE DEPARTMENT OF HEALTH, STATE OF NEBRASKA;
004.02A1b A heading specifying the subject
  matter of the petition; and
004.02A1c The name of the pleading,
e.g.
, PETITION FOR AMENDMENT OF RULES AND
  REGULATIONS.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 3 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR PETITIONS FOR PROMULGATION, AMENDMENT, OR REPEAL OF REGULATIONS › Section 184-3-005 - CONSIDERATION AND DISPOSITION OF PETITIONS

Current through June 17, 2024
005.01 Process Generally
Upon the filing of the petition the Director will designate him/herself
	 or a Department representative to make the final decision on the petition. The
	 Director may also assign an employee or hearing officer to consider the
	 petition and recommend a decision to the Director.
005.01A Upon the filing of a petition, the
  Department may, in its discretion do one or more of the following:
005.01A1 Require that additional information
  be submitted before the petition will be considered.
005.01A2 Schedule a date, time and location
  at which the petitioner may make an oral presentation on the petition before a
  ruling is made.
005.01A3 Consider
  the petition and other materials submitted without oral presentation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 4 - RULES OF PRACTICE AND PROCEDURES FOR PETITIONS FOR NEGOTIATED RULEMAKING › Section 184-4-001 - DEFINITIONS

Current through June 17, 2024
001.01
APA
APA shall mean the Administrative Procedure Act,
Neb
.
Rev
.
Stat.
84-901
et
	 seq
.
001.02
Department
Department shall mean the Department of Health of the State of
	 Nebraska.
001.03
Consensus
Consensus shall mean unanimous concurrence among the interests
	 represented on a negotiated rulemaking committee unless the committee agrees
	 upon another specified definition.
001.04
Convenor
Convenor shall mean a person who impartially assists an agency in
	 determining whether establishment of a negotiated rulemaking committee is
	 feasible and appropriate for a particular rulemaking
	 procedure.
001.05
Interest
Interest shall mean, with respect to an issue or matter, multiple
	 parties that have a similar point of view or that are likely to be affected in
	 a similar manner.
001.06
Negotiated rulemaking
Negotiated rulemaking shall mean rulemaking through the use of a
	 negotiated rulemaking committee.
001.07
Negotiated rulemaking
  committee or committee
Negotiated rulemaking committee or committee shall mean an advisory
	 committee established to consider and discuss issues for the purpose of
	 reaching a consensus in the development of a proposed rule.
001.08
Person
Person shall mean an individual, partnership, limited liability
	 company, corporation, association, governmental subdivision, agency or public
	 or private organization of any character.
001.09
Rule or
  regulation
Rule or regulation shall mean any rule, regulation, or standard issued
	 by an agency, including the amendment or repeal thereof whether with or without
	 prior hearing and designed to implement, interpret, or make specific the law
	 enforced or administered by it or governing its organization or procedure, but
	 not including rules and regulations concerning the internal management of the
	 agency not affecting private rights, private interests, or procedures available
	 to the public and not including permits, certificate of public convenience and
	 necessity, franchises, rate orders, and rate tariffs, and any rules of
	 interpretation thereof. For purposes of these regulations, 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 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 4 - RULES OF PRACTICE AND PROCEDURES FOR PETITIONS FOR NEGOTIATED RULEMAKING › Section 184-4-002 - PETITIONS GENERALLY

Current through June 17, 2024
002.01 Purpose
The negotiated rulemaking process provides a mechanism by which any
	 person may petition the Department for use of a committee to attempt to reach a
	 consensus about controversial issues before a formal rulemaking proceeding is
	 begun. This process is not a substitute for the proceedings of the APA, but is
	 supplemental to that process. Nor is this process meant to preclude other
	 Department efforts or processes to reach consensus with affected persons about
	 the content of rules or regulations.
002.02 Subjects for Petition
A negotiated rulemaking process may be requested on any topic
	 appropriate for a rule or regulation.
002.02A A process may be requested only to
  develop rules to carry out statutes that are within the authority of the
  Department to implement.
002.02B A
  process may not be requested to develop a rule or regulation to vary the
  specific terms of a statute, that is, on subjects about which the Department
  has no discretion or policymaking authority.
002.02C A process may not be requested to
  negotiate a rule on a matter which is not within the definition of a rule or
  regulation as set forth in 001.09.
002.02D A process may be requested when the
  use of a negotiated rulemaking procedure is in the public interest as
  determined by the Director under the provisions of section 004.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 4 - RULES OF PRACTICE AND PROCEDURES FOR PETITIONS FOR NEGOTIATED RULEMAKING › Section 184-4-003 - PETITIONS - FORM AND CONTENT

Current through June 17, 2024
003.01 Request
A request for use of a negotiated rulemaking procedure shall be made by
	 petition that meets the requirements of this section.
003.02 Form
003.02A A petition may be in the form of a
  pleading that contains a caption, heading, and name as set forth on Attachment
  1, which is attached and made part of these regulations by this
  reference.
003.02B A petition may
  be made in the form of a letter so long as it contains all of the information
  required by these regulations and is clearly delineated as a petition for
  negotiated rulemaking.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 4 - RULES OF PRACTICE AND PROCEDURES FOR PETITIONS FOR NEGOTIATED RULEMAKING › Section 184-4-004 - PETITIONS - CONSIDERATION AND DISPOSITION

Current through June 17, 2024
004.01 Process Generally
Upon the filing of a petition, the Director may designate a Department
	 employee or board or use the services of a convenor of the Department to
	 recommend to the Director whether a negotiated rulemaking process should be
	 initiated.
004.02 Criteria
  for Decision
The Department will establish a negotiated rulemaking committee to
	 negotiate and develop a proposed rule if the Director determines that the use
	 of such a procedure is in the public interest. In making that determination,
	 the Director shall consider the factors set forth in section 002.02 and
	 whether:
004.02A There is need for a
  rule;
004.02B There are a limited
  number of identifiable interests that will be significantly affected by the
  rule;
004.02C There is a reasonable
  likelihood that a committee can be convened with a balanced representation of
  persons who:
004.02C1 can adequately
  represent the interests identified; and
004.02C2 are willing to negotiate in good
  faith to reach a consensus on the proposed rule;
004.02D There is a reasonable likelihood that
  a committee will reach a consensus on the proposed rule;
004.02E The negotiated rulemaking procedure
  will not unreasonably delay the notice of proposed formal rulemaking and the
  issuance of the final rule pursuant to the APA;
004.02F The agency has adequate resources and
  is willing to commit those resources, including technical assistance, to the
  committee; and
004.02G The
  Department, to the maximum extent possible consistent with the legal
  obligations of the agency, will use the consensus of the committee as the basis
  for the rule proposed by the Department in the formal rulemaking process of the
  APA.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 4 - RULES OF PRACTICE AND PROCEDURES FOR PETITIONS FOR NEGOTIATED RULEMAKING › Section 184-4-005 - REVIEW OF DECISION

Current through June 17, 2024
005.01 A Department action relating to
  establishing, assisting or terminating a negotiated rulemaking committee is not
  subject to judicial review, though nothing herein bars judicial review if such
  is otherwise provided by law.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 5 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING COMMITTEES › Section 184-5-001 - DEFINITIONS

Current through June 17, 2024
001.01 APA
APA shall mean the Administrative Procedure Act, Neb. Rev. Stat. '
	 84-901 et seq.
001.02
  Department
Department shall mean the Department of Health of the State of
	 Nebraska.
001.03 Consensus
Consensus shall mean unanimous concurrence among the interests
	 represented on a negotiated rulemaking committee unless the committee agrees
	 upon another specified definition.
001.04 Convenor
Convenor shall mean a person who impartially assists an agency in
	 determining whether establishment of a negotiated rulemaking committee is
	 feasible and appropriate for a particular rulemaking
	 procedure.
001.05
  Facilitator
Facilitator shall mean a persons who impartially aids in the
	 discussions and negotiations among the members of a negotiated rulemaking
	 committee to develop a proposed rule.
001.06 Interest
Interest shall mean, with respect to an issue or matter, multiple
	 parties that have a similar point of view or that are likely to be affected in
	 a similar manner.
001.07
  Negotiated rulemaking
Negotiated rulemaking shall mean rulemaking through the use of a
	 negotiated rulemaking committee.
001.08 Negotiated rulemaking committee or
  committee
Negotiated rulemaking committee or committee shall mean an advisory
	 committee established to consider and discuss issues for the purpose of
	 reaching a consensus in the development of a proposed rule.
001.09 Person
Person shall mean an individual, partnership, limited liability
	 company, corporation, association, governmental subdivision, agency or public
	 or private organization of any character.
001.10 Rule or requlation
Rule or requlation shall mean any rule, regulation, or standard issued
	 by an agency, including the amendment or repeal thereof whether with or without
	 prior hearing and designed to implement, interpret, or make specific the law
	 enforced or administered by it or governing its organization or procedure, but
	 not including rules and regulations concerning the internal management of the
	 agency not affecting private rights, private interests, or procedures available
	 to the public and not including permits, certificate of public convenience and
	 necessity, franchises, rate orders, and rate tariffs, and any rules of
	 interpretation thereof. For purposes of these regulations, 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 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 5 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING COMMITTEES › Section 184-5-002 - NEGOTIATED RULEMAKING GENERALLY

Current through June 17, 2024
002.01
Scope of
  Regulations
.
These regulations govern the method for negotiated rulemaking once the
	 Department determines that this kind of process may be in the public interest.
	 The procedure for any person to petition to use negotiated rulemaking and for
	 Department consideration and disposition of a petition is covered in the
	 Department Rules of Practice and Procedure for Petitions for Negotiated
	 Rulemaking, 184 NAC 4.
002.02
Process
  Generally
.
002.02A
Notice.
If the Department decides to establish a
  negotiated rulemaking committee, the Department shall give notice to the
  Secretary of State and publish the notice in a newspaper having general
  circulation in the state and, as appropriate, in other newspapers and
  publications. The notice shall include:
002.02A1 An announcement that the agency
  intends to establish a negotiated rulemaking committee to negotiate and develop
  a proposed rule;
002.02A2 A
  description of the subject and scope of the rule to be developed and the issues
  to be considered;
002.02A3 A list
  of interests likely to be significantly affected by the proposed
  rule;
002.02A4 A list of the
  persons proposed to represent the affected interests and the agency;
002.02A5 A proposed schedule for completing
  the work of the committee; and
002.02A6 An explanation of how a persons may
  apply for or nominate another person for membership on the committee.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 5 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING COMMITTEES › Section 184-5-003 - FORMATION OF COMMITTEE

Current through June 17, 2024
003.01
Membership
.
Members of a committee to undertake negotiated rulemaking may
	 include:
003.01A A person designated
  by the Department to represent the Department on substantive issues.
003.01B Persons selected by the Department or
  a convenor appointed by the Department, or both, as willing and qualified to
  represent the interests that will be significantly affected by any proposed
  rule.
003.01C Persons recruited by
  the committee itself by consensus as being essential to the success of the
  process.
003.01D Persons selected
  by the committee upon committee review of a petition or nomination as set forth
  in section 003.02 of these regulations.
All members shall participate in the deliberations with the same rights
	 and responsibilities of other members.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 184 - NEBRASKA DEPARTMENT OF HEALTH › Chapter 5 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING COMMITTEES › Section 184-5-004 - COMMITTEE ACTION

Current through June 17, 2024
004.01 Negotiations
A committee 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.
004.02 Report
The committee shall transmit to the Department.
004.02A A report containing the proposed
  rule, if consensus is achieved at the conclusion of negotiations; or
004.02B A report specifying the areas in
  which the committee reached consensus and the issues that remain unresolved, if
  consensus is not reached. The committee may include 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.