Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-002 - Definitions

Current through June 17, 2024
As used in this Chapter:
002.01
										Agency
Agency shall mean the Commission and its employees, including the
											  Director, any Deputy Directors and staff.
002.02 Argument
Argument shall mean the oral statement of the petitioner or any other
											  party which explains his or her view of the facts and issue to be decided, the law applicable to the question
											  presented, and the reasoning that connects the facts and law.
002.03 Commission
Commission shall mean the State Real Estate Commission of the State of
											  Nebraska.
002.04 Contested case
Contested case shall mean a proceeding before the Commission 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 Commission.
002.05
										Declaratory order proceeding
Declaratory order proceeding shall mean a proceeding initiated by a
											  petitioner seeking issuance of a binding order by the Commission as to the applicability of specified
											  circumstances to a statute, rule, regulation, or order within the primary jurisdiction of the
											  Commission.
002.06 Director
Director shall mean the person appointed as Director of the Commission
											  pursuant to section
											  81-885.07(4),
											  Revised Statutes of Nebraska 1943, as amended.
002.07
										Hearing officer
Hearing officer shall mean the person or persons conducting a declaratory
											  order proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer,
											  administrative law judge, or some other title.
002.08
										Intervenor(s)
Intervenor(s) shall mean persons, political subdivisions, corporations,
											  organizations, or other entities who have or claim to have any interest, legal right, duty, privilege, or
											  immunity, which would be directly affected by the Commission's issuance of a binding declaratory
											  order.
002.09 Necessary party
Necessary party shall mean a person who or an entity which has a specific
											  interest in the applicability of the statute, rule, regulation, or order, as distinguished from a general
											  interest such as may be the concern of the public at large. A necessary party is one which is or would be
											  adversely affected in a legally cognizable way by the uncertainty sought to be resolved.
002.10 Parties
Parties shall mean persons, political subdivisions, corporations,
											  organizations, or other entities subject to the jurisdiction of the Commission who are involved in a
											  declaratory order proceeding according to the procedures set forth in this Chapter.
002.11 Petition
Petition shall mean the document filed in accordance with section 003 of
											  this Chapter to initiate a declaratory order proceeding.
002.12 Petitioner(s)
Petitioner(s) shall mean a party or parties who have filed a petition
											  with the Commission seeking issuance of a declaratory order.
002.13 Pleading
Pleading shall mean any written petition, answer, or motion used in any
											  declaratory order proceeding before the Commission as set forth in this Chapter.