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 184-1-006 - PETITIONS FOR DISCIPLINE AND RELATED ACTIONS

Current through June 17, 2024
006.01 Petitions for Discipline
006.01A
By Whom Brought,
  Filing.
In order for the Director to discipline a license or
  certificate, a petition for discipline shall be filed by the Attorney General
  in all cases. The petition shall be filed in the offices of the Director. The
  department may withhold a petition from public access for a period of five (5)
  days from the date of filing of the petition or until service is made,
  whichever is earliest.
006.01B
Form.
Petitions for discipline shall meet the
  requirements of 009.01 and its subsections and 009.02. Allegations pertinent to
  entry of an order for temporary suspension or limitation under 71-147.02 shall
  be made in the petition. The petition shall be amended in accordance with
  009.07 if the facts supporting a temporary suspension or limitation arise after
  filing of a petition.
006.01C
Setting the Hearing.
006.01C1
Generally
Petitions shall be set for hearing upon filing. Except as provided in
  006.01C2 hearings
  shall be held not less than thirty (30) nor more than sixty (60) days after the
  filing of the petition, unless continued for good cause.
006.01C2
Time for Hearing in
  Actions Involving Temporary Suspension or Limitation.
When an
  order of temporary suspension or limitation is entered under 71-147.02, the
  petition for discipline shall be heard no later than fifteen (15) days from the
  date that the temporary limitation or suspension takes effect, unless continued
  upon the written request of the defendant.
006.01D
Form of
  Notice.
Hearing may be set by notice or order, which shall:
006.01D1 Advise the defendant that a petition
  for discipline has been filed;
006.01D2 State the date and time of
  hearing;
006.01D3 State the location
  at which hearing will be held;
006.01D4 Advise the defendant that all
  allegations in the petition shall be deemed denied, but that defendant may
  answer or otherwise plead to the petition if he or she so desires, and of the
  number of days for filing a responsive pleading;
006.01D5 Attach a copy of the petition for
  discipline; and
006.01D6 Where
  applicable, attach a copy of or include an order for temporary suspension or
  limitation.
006.01E
Service on Defendant.
The notice and petition for
  discipline (and order, where applicable) shall be served upon the defendant at
  least ten (10) days before the hearing. The notice may be served by any sheriff
  or constable or by any method specified in section
  25-505.01,
  or the Director may permit substitute or constructive service as provided in
  section
  25-517.02
  when service cannot be made with reasonable diligence by any of the methods
  specified in section
  25-505.01.
006.01E1
Praecipe for
  Service.
The plaintiff shall file a praecipe for service of a
  petition for discipline on the defendant stating the name of the party to be
  served, the address or addresses at which he or she may be found, and the
  method of service permitted by 006.01E to be used.
006.01E2
Voluntary
  Appearance.
The defendant may file a voluntary appearance and
  thereby waive service as provided in this section.
006.01E3
Proof or Return of
  Service.
The person serving the notice on the defendant must file
  a proof of service, stating the time, place, including the address if
  applicable, name of the person with whom the notice was left, method of
  service, or, if unable to serve, file a return of service with a statement of
  the reason for failure to serve. Service by a method or person permitted under
  006.01E other than that specified by the plaintiff or failure to file a proof
  of return or delay in doing so shall not affect the validity of the
  service.
006.01F
Service on Plaintiff.
A copy of a notice of hearing
  may be served on the plaintiff by leaving a copy of the notice at the offices
  of the Attorney General or by regular United States mail.