reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 61 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 92-61-002 - Prohibitions against ex parte communications

Current through June 17, 2024
002.01 Prohibitions; when applicable
The prohibitions found in this section shall apply beginning
				  at the time notice for hearing is given.
002.02 Prohibitions; to whom applicable
002.02A. Parties and public. No party in a
				contested case or other person outside the Department having an interest in the
				contested case shall make or knowingly cause to be made an ex parte
				communication to the hearing officer or to a Board member, Commissioner, or
				Department employee who is or may reasonably be expected to be involved in the
				decisionmaking process of the contested case.
002.02B. Persons in decisionmaking roles. No
				hearing officer, Board member, Commissioner, or employee who is or may
				reasonably be expected to be involved in the decisionmaking process of the
				contested case shall make or knowingly cause to be made an ex parte
				communication to any party in a contested case or other person outside the
				Department having an interest in the contested case.
002.02C. Investigators. The Commissioner or
				employees engaged in the investigation or enforcement of a contested case shall
				not make or knowingly cause to be made an ex parte communication to a hearing
				officer or Board member or employee who is or may reasonably be expected to be
				involved in the decisionmaking process of the contested case.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 61 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 92-61-003 - Intervention in a contested case

Current through June 17, 2024
003.01 Intervention in a contested case shall
				be allowed when the following requirements are met:
003.01A. A petition for intervention must be
				submitted in writing to the hearing officer or designee at least five days
				before the hearing. Copies must be mailed by the petitioner for intervention to
				all parties named in the hearing officer's notice of the hearing;
003.01B. 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; and
003.01C. The
				hearing officer or designee 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 - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 61 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 92-61-005 - Hearing officer; criteria

Current through June 17, 2024
005.01 The Board may delegate to a hearing
				officer other than the Commissioner or Board members the functions of
				conducting a prehearing conference and/or a hearing and submitting a
				recommended decision to the Board.
005.02 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 subsection 005.04.
005.03 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 advise a hearing officer in the same proceeding
				except as provided in subsection 005.04.
005.04 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.
005.05 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.
005.06 A person may serve as hearing officer
				at successive stages of the same contested case.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 61 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 92-61-006 - Prehearing Procedures

Current through June 17, 2024
006.01 A hearing officer designated to
				conduct a hearing may determine, subject to the Board's rules and regulations,
				whether a prehearing conference will be conducted. If a prehearing conference
				is not held, a hearing officer for the hearing may issue a prehearing order,
				based on the pleadings, to regulate the conduct of the proceedings.
006.01A. If a prehearing conference is
				conducted:
006.01A1. The hearing officer shall
				promptly notify the Board of the determination that a prehearing conference
				will be conducted. The Board may assign another hearing officer for the
				prehearing conference; and
006.01A2. The hearing officer for the
				prehearing conference shall set the time and place of the conference and give
				reasonable written notice to all parties and to all persons who have filed
				written petitions to intervene in the matter. The Board shall give notice to
				other persons entitled to notice.
006.01A3. The notice referred to in
				subsection
				006.01A2 shall
				include the following:
006.01A3(a) . The
				names and mailing addresses of all parties and other persons to whom notice is
				being given by the hearing officer;
006.01A3(b) . The name, official title,
				mailing address, and telephone number of any counsel or employee who has been
				designated to appear for the Board;
006.01A3(c) . The official file or other
				reference number, the name of the proceeding, and a general description of the
				subject matter;
006.01A3(d) . A
				statement of the time, place, and nature of the prehearing
				conference;
006.01A3(e) . A
				statement of the legal authority and jurisdiction under which the prehearing
				conference and the hearing are to be held;
006.01A3(f) . The name, official title,
				mailing address, and telephone number of the hearing officer for the prehearing
				conference;
006.01A3(g) . 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 Administrative Procedure Act; and
006.01A3(h) . Any other matters that the
				hearing officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 61 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 92-61-007 - Conducting a contested case hearing

Current through June 17, 2024
007.01 Order
At the discretion of the hearing officer, the hearing may be
				  conducted in the following order:
007.01A. The hearing is called to order by
				the hearing officer. Any preliminary motions, stipulations or agreed orders are
				entertained.
007.01B. Each party
				may be permitted to make an opening statement. Opening statements take place in
				the same order as the presentation of evidence.
007.01C. Presentation of evidence.
007.01C1. Evidence will be received in the
				following order:
007.01C1(a) . Evidence is
				presented by the petitioner;
007.01C1(b) . Evidence is presented by the
				respondent;
007.01C1(c) . Rebuttal
				evidence is presented by the petitioner; and
007.01C1(d) . Surrebuttal evidence is
				presented by the respondent.
007.01C2. With regard to each witness who
				testifies, the following examination may be conducted:
007.01C2(a) . Direct examination conducted by
				the party who calls the witness;
007.01C2(b) . Cross-examination by the
				opposing party;
007.01C2(c) .
				Redirect examination by the party who called the witness; and
007.01C2(d) . Recross-examination by the
				opposing party.
007.01D. After the evidence is presented,
				each party may have opportunity to make a closing argument. Closing arguments
				shall be made in the same order as the presentation of evidence. The hearing
				officer may request that the parties submit briefs in lieu of closing
				arguments.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 61 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 92-61-008 - Decision and order in a contested case

Current through June 17, 2024
008.01 Every decision and order adverse to a
				party to the proceeding, rendered by the Board in a contested case, shall be in
				writing or stated in the record and shall be accompanied by findings of fact
				and conclusions of law.
008.02 The
				decision and order should include:
0802A The name of the Board and name of the
				  proceeding;
00802B The time and place of the hearing;
00802C The names of all parties or their attorneys who
				  entered an appearance at the hearing;
00802D The findings of fact consisting of a concise statement
				  of the conclusions upon each contested issue of fact;
00802E The conclusions of law consisting of the applications
				  of the controlling law to the facts found and the legal results arising
				  therefrom; and
00802F The order consisting of the action taken by the Board
				  as a result of the facts found and the legal conclusions arising
				  therefrom
008.03 Parties to
				the proceeding shall be notified of the decision and order in person or by mail
				A copy of the decision and order and accompanying findings and conclusions
				shall be delivered or mailed upon request to each party or his or her attorney
				of record
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 61 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES › Section 92-61-009 - Appeals

Current through June 17, 2024
009.01 Any person aggrieved by a final
				decision in a contested case 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.
009.02 Parties
				desiring to appeal a Board decision must file a petition for review in the
				district court of the county where the Board action is taken within thirty days
				after the service of the final decision by the Board 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
009.03 Unless otherwise provided by statute,
				the procedures of Neb Rev Stat §
									84-917
				govern the procedure for taking an appeal
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-001 - General Information

Current through June 17, 2024
001.01 Application of these Rules
Pursuant to Neb. Laws 1994, LB 446, the Attorney General
				  shall promulgate model rules of procedure appropriate for use by as many
				  agencies as possible. For rules of procedure adopted on or after August 1,
				  1994, each agency shall adopt as many of the model rules as is practicable
				  under the circumstances. Agencies may adopt regulations which vary from the
				  model rules; however, any agency adopting a rule of procedure that differs from
				  the model rule shall include in the agency's explanatory statement the reasons
				  why the relevant portions of the Attorney General's model rules are
				  impracticable under the circumstances. This chapter is based upon the Attorney
				  General's model rules.
001.02 Scope of this Chapter
This chapter pertains solely to the procedures to be used by
				  any person or entity seeking issuance of a declaratory order by the State
				  Board.
001.03 Related
				Regulations
In addition to this Chapter, related regulations pertaining
				  to administrative procedures before the State Board are: 92 NAC Chapter 64,
				  Procedures for Negotiated Rulemaking, 92 NAC Chapter 63, Petitioning for
				  Rulemaking, and 92 NAC Chapter 61, Rules of Practice and Procedure for Hearings
				  in Contested Cases Before the State Board.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 Argument
Argument shall mean the oral statement of the petitioner or
				  any other party which explains his or her view of the facts and issues to be
				  decided, the law applicable to the question presented, and the reasoning that
				  connects the facts and law.
002.02 Board
Board shall mean the State Board of Education.
002.03 Commissioner
Commissioner shall mean the State Commissioner of
				  Education.
002.04 Contested
				case
Contested case shall mean a proceeding before the Board 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
				  Board.
002.05 Declaratory
				order proceeding
Declaratory order proceeding shall mean a proceeding
				  initiated by a petitioner seeking issuance of a binding order by the Board as
				  to the applicability of specified circumstances to a statute, rule, regulation,
				  or order within the primary jurisdiction of the Board.
002.06 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.
002.07
				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 Board's issuance of a binding declaratory order.
002.08 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.
002.09 Parties
Parties shall mean persons, political subdivisions,
				  corporations, organizations, or other entities subject to the jurisdiction of
				  the Board who are involved in a declaratory order proceeding according to the
				  procedures set forth in this chapter.
002.10 Petition
Petition shall mean the document filed in accordance with
				  section 003 of this chapter to initiate a declaratory order proceeding.
002.11 Petitioner(s)
Petitioner(s) shall mean a party or parties who have filed a
				  petition with the Board seeking issuance of a declaratory order.
002.12 Pleading
Pleading shall mean any written petition, answer, or motion
				  used in any declaratory order proceeding before the Board as set forth in this
				  chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-003 - 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 section 003.
003.02 Who May File
Any person may petition the Board for issuance of a
				  declaratory order as to the applicability to specified circumstances of a
				  statute, rule, regulation, or order which is within the primary jurisdiction of
				  the Board.
003.03 When
				Orders Appropriate
A declaratory order may be requested on the applicability of
				  a statute, rule, regulation, or order enforced by the Board. "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 and
				regulations.
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 Board
				in a contested case.
003.03D A
				declaratory order may not be requested to obtain a declaration by the Board
				that a statute or regulation is unconstitutional or that a regulation of the
				Board is invalid.
003.03E A
				declaratory order may not be issued by the Board 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 - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-004 - 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 Commissioner 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
				At the same time the petition is filed with the Commissioner, the petitioner
				shall serve a copy of the petition, by certified mail, return receipt
				requested, on all necessary parties, including all persons, political
				subdivisions, corporations, organizations, or other entities who are known to
				have or claim any interest, legal right, duty, privilege, or immunity which
				would be directly affected by issuance of a declaratory order in this matter by
				the Board.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-005 - Disposition of the Petition

Current through June 17, 2024
005.01 Generally
Upon the filing of a petition, the Commissioner may consider
				  the petition, or delegate the matter to a designated hearing officer, or
				  Department employee to consider the petition and recommend a decision to the
				  Board. In reviewing the petition, the Commissioner 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 or entities who may be necessary parties and other persons
				that a request for a declaratory order has been filed with the Board;
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;
005.01D Consider the petition and any
				attachments without oral presentation.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-006 - Intervention in Declaratory Order Proceeding

Current through June 17, 2024
006.01 Intervention by any person or entity
				in a declaratory order proceeding shall be allowed when the following
				requirements are met:
006.01A. A petition for
				intervention must be submitted in writing to the Board. Copies must be mailed
				to all parties to the proceeding.
006.01B. The contents of the petition must be
				as specified in 006.02.
006.01C.
				The Board 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 - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-007 - Declaratory Order Proceedings

Current through June 17, 2024
007.01 Oral Argument, When
Oral argument shall be had only on specific order of the
				  Board. A petitioner, intervenor, necessary party, or the Commissioner may
				  submit a motion for oral argument to the Board. If opportunity for oral
				  argument is granted, then argument shall be scheduled to be conducted not more
				  than forty-five (45) days after filing of the petition. Petitioner and all
				  other parties or, when represented, their attorneys, shall be served by the
				  Board with a notice of the date, time, and location for oral argument. The
				  Board shall provide each of the parties with notice of the proceeding not less
				  than seven (7) days in advance of the scheduled date. Service shall be made by
				  certified mail, return receipt requested.
007.02 Oral Argument, Procedure
Oral argument will be made before a hearing officer or
				  before any representative of the Board who is authorized to render or to
				  recommend a decision to the Board. The hearing officer or Board representative
				  shall be in control of the proceeding and shall:
007.02A Identify the proceeding and introduce
				himself or herself and identify each party for the record;
007.02B Hear the oral argument of the
				petitioner, intervenor, or necessary parties;
007.02C Close the proceedings.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-008 - Issuance of Declaratory Order

Current through June 17, 2024
008.01 The Board shall issue its declaratory
				order within sixty (60) days of the date on which the petition was
				filed.
008.02 The declaratory order
				shall be in writing and shall include the following:
008.02A The names of all parties to the
				proceeding upon which the order is based;
008.02B The facts upon which the order is
				based;
008.02C The statute,
				regulation, rule, or order at issue in the matter;
008.02D The Board's conclusion as to the
				applicability of the statute, regulation, rule, or order to the
				facts;
008.02E The Board's
				conclusion as to the legal effect or result of applying the statute,
				regulation, rule, or order to the facts; and
008.02F The reasons relied upon by the Board
				to support its conclusions.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-009 - Circumstances Under Which Board will not Issue Declaratory Orders

Current through June 17, 2024
009.01 Grounds upon which the Board shall
				refuse to issue a declaratory order include, but are not limited to, the
				following:
009.01A The petition requests a
				declaratory order on a matter that is outside the scope of authority of the
				Board;
009.01B The petition
				requests review or appeal of a decision made by the Board in a contested
				case;
009.01C The petition requests
				a declaratory order on the effect of past conduct;
009.01D An investigation for purposes of a
				formal adjudication, a contested case, or a petition to issue, amend, or repeal
				regulations is pending before the Board involving the petitioner on
				substantially the same or similar facts or issues raised in the
				petition;
009.01E The petition
				seeks a declaration that a statute or rule or regulation is unconstitutional or
				invalid;
009.01F The issue raised
				in the petition has been settled by a change in circumstances or other means so
				as to render moot the need for a declaratory order;
009.01G An order would substantially
				prejudice the rights of a person or entity who would be a necessary party and
				who does not consent in writing to the determination of the matter by a
				declaratory order proceeding;
009.01H An order would not resolve the
				controversy or uncertainty; or
009.01I The question posed or facts presented
				are insufficiently specific, overly broad, or are otherwise inappropriate as a
				basis upon which to decide the matter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 62 - DECLARATORY RULINGS › Section 92-62-010 - Appeal

Current through June 17, 2024
A declaratory order is subject to review in the manner
				  provided for review of contested cases by the Administrative Procedure Act,
				  Neb. Rev. Stat. §
									84-901
				  - §
									84-920.
				  Specific procedures for appeal are set forth in Neb. Rev. Stat. §
									84-917.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 63 - PETITIONING FOR RULEMAKING › Section 92-63-001 - General information

Current through June 17, 2024
Application of these Rules
. Pursuant
				  to Neb. Laws 1994, LB 446, the Attorney General shall promulgate model rules of
				  procedure appropriate for use by as many agencies as possible. For rules of
				  procedure adopted on or after August 1, 1994, each agency shall adopt as many
				  of the model rules as is practicable under the circumstances. Agencies may
				  adopt regulations which vary from the model rules; however, any agency adopting
				  a rule of procedure that differs from the model rule shall include in the
				  agency's explanatory statement the reasons why the relevant portions of the
				  Attorney General's model rules are impracticable under the circumstances. This
				  chapter is based upon the Attorney General's model rules.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 63 - PETITIONING FOR RULEMAKING › Section 92-63-002 - Rulemaking Petition

Current through June 17, 2024
002.01 Petition
Any person may petition the State Board requesting the
				  promulgation, amendment, or repeal of a rule or regulation.
002.02 Form
The petition shall:
002.02A. Be clearly designated as a petition
				for a rules change;
002.02B. In the
				case of a proposed new rule or amendment of an existing rule, shall set forth
				the desired rule in its entirety;
002.02C. In the case of a petition for the
				repeal of an existing rule, such shall be stated and the rule proposed to be
				repealed shall either be set forth in full or shall be referred to by Board
				rule number;
002.02D. Describe the
				reason for the rules change
002.02E. Include an address and telephone
				where the petitioner can be reached during regular work hours; and
002.02F. Be signed by:
002.02F(1) . The petitioner or his or her
				attorney in which case the attorney shall also state his or her address and
				telephone number;
002.02F(2) . A
				duly authorized officer of the petitioner, if petitioner is a corporation or
				other legal entity.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 63 - PETITIONING FOR RULEMAKING › Section 92-63-003 - Petition Consideration and Disposition

Current through June 17, 2024
003.01 Within sixty (60) days after
				submission of a petition, the State Board shall:
003.01A. Deny the petition in writing,
				stating its reasons therefor;
003.01B. Initiate rulemaking or
				regulationmaking proceedings in accordance with the Administrative Procedure
				Act;
003.01C. If otherwise lawful,
				adopt a rule or regulation.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-001 - Application of these Rules

Current through June 17, 2024
Pursuant to Neb. Laws 1994, LB 446, the Attorney General
				  shall promulgate model rules of procedure appropriate for use by as many
				  agencies as possible. For rules of procedure adopted on or after August 1,
				  1994, each agency shall adopt as many of the model rules as is practicable
				  under the circumstances. Agencies may adopt regulations which vary from the
				  model rules; however, any agency adopting a rule of procedure that differs from
				  the model rule shall include in the agency's explanatory statement the reasons
				  why the relevant portions of the Attorney General's model rules are
				  impracticable under the circumstances. This chapter is based upon the Attorney
				  General's model rules.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-002 - Negotiated rulemaking generally

Current through June 17, 2024
The purpose of these regulations is to establish a framework
				  for the conduct of negotiated rulemaking consistent with the Administrative
				  Procedure Act and the Negotiated Rulemaking Act. The negotiated rulemaking
				  process can be used by the Department, whenever appropriate, to resolve
				  controversial issues prior to the commencement of formal rulemaking. Negotiated
				  rulemaking is not a substitute for the requirements of the Administrative
				  Procedure Act, but may be used as a supplemental procedure to permit the direct
				  participation of affected interests in the development of new rules or the
				  amendment or repeal of existing rules. The negotiated rulemaking process also
				  does not preclude other Department efforts or processes designed to reach
				  consensus with affected or interested persons concerning the content of rules
				  or regulations. A consensus agreement on a proposed rule reached by a
				  negotiated rulemaking committee may be modified by the Board as a result of a
				  subsequent formal rulemaking process.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-004 - Establishment of a Negotiated Rulemaking Committee; criteria

Current through June 17, 2024
The Board may establish a negotiated rulemaking committee to
				  negotiate and develop a proposed rule if the Commissioner determines that the
				  use of the negotiated rulemaking procedure is in the public interest. In making
				  that determination, the Commissioner shall consider whether:
004.01 There is a need for the
				rule.
004.02 There are a limited
				number of identifiable interests that will be significantly affected by the
				rule.
004.03 There is a reasonable
				likelihood that a committee can be convened with a balanced representation of
				persons who:
004.03A Can adequately represent
				the interests identified; and
004.03B Are willing to negotiate in good
				faith to reach a consensus on the proposed rule.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-005 - Convenors; selection; duties

Current through June 17, 2024
The Board, at the discretion of the Commissioner, may use
				  the services of a convenor.
005.01 A
				Board may employ or contract for an organization or an individual to serve as a
				convenor, or may use the services of a state employee to act as a convenor. A
				convenor shall not have a financial or other interest that would preclude him
				or her from serving in an impartial and independent manner. The Board shall
				determine whether a person under consideration as a convenor has such an
				interest. A person disqualified under this criterion shall be dropped from
				further consideration.
005.02 The
				convenor may assist the Board in making the determination of need for a
				negotiated rulemaking process discussed in section 004 above. The convenor may
				also assist the Board in:
005.02A Identifying
				persons who will be significantly affected by a proposed rule.
005.02B Conducting discussions with affected
				persons on the issues of concern and ascertaining whether the establishment of
				a negotiated rulemaking committee is feasible and appropriate for the
				particular rulemaking.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-006 - Petitions for the use of a negotiated rulemaking committee

Current through June 17, 2024
Any person may petition the Board to request the use of a
				  negotiated rulemaking committee in the development or revision of a rule, as
				  provided below.
006.01 A negotiated
				rulemaking process may be requested on any topic appropriate for a rule or
				regulation by the Board.
006.01A A negotiated
				rulemaking process may be requested only to develop or revise rules which carry
				out statutes that are within the authority of the Board to implement.
006.01B A negotiated rulemaking process may
				not be requested to develop a rule or regulation to vary or change the specific
				terms of a statute.
006.01C A
				negotiated rulemaking 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 subsection 003.11 above.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-007 - Notice of a Negotiated Rulemaking Committee; Comment; Applications for Membership

Current through June 17, 2024
If the Board decides to go forward with the establishment of
				  a negotiated rulemaking committee, the Board shall proceed with the following
				  process.
007.01 The Board shall give
				notice to the Secretary of State, publish notice in a newspaper having general
				circulation in the state, and, as appropriate, publish notice in other
				newspapers and publications. The notice shall include:
007.01A An announcement that the Board
				intends to establish a negotiated rulemaking committee to negotiate and develop
				a proposed rule.
007.01B A
				description of the subject and scope of the rule to be developed and the issues
				to be considered.
007.01C A list of
				interests likely to be significantly affected by the proposed rule.
007.01D A list of the persons proposed to
				represent the affected interests and the Board.
007.01E A proposed schedule for completing
				the work of the committee.
007.01F
				An explanation of how a person may apply for or nominate another person for
				membership on the committee.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-008 - Establishment of a Negotiated Rulemaking Committee; Procedure

Current through June 17, 2024
After publication of notice and termination of the comment
				  and membership application period, the Board will consider the comments and
				  membership applications for a particular negotiated rulemaking committee and
				  determine whether such a committee can adequately represent the interests of
				  the persons that will be significantly affected by a proposed rule, and whether
				  such a committee is feasible and appropriate in the particular rulemaking. In
				  making the final determination as to creation of a negotiated rulemaking
				  committee, the Board may use the services of a convenor as set out in Section
				  005 above. In making the final determination as to creation of a negotiated
				  rulemaking committee, the Board and the Commissioner will apply the criteria
				  set out in 004 above.
008.01 If, after
				such a determination, the Board decides that a negotiated rulemaking procedure
				is feasible, it shall establish a negotiated rulemaking committee as provided
				in these regulations. The committee will negotiate issues and develop proposed
				rules for use by the Board in formal rulemaking.
008.02 If, after such a determination, the
				Board decides not to establish a negotiated rulemaking committee, the Board
				shall:
008.02A Notify the persons who
				commented on, applied for membership on or nominated persons for membership on
				the particular negotiated rulemaking committee of the reasons for the decision
				not to establish such a committee.
008.02B Publish notice of the decision not to
				establish the particular negotiated rulemaking committee in a newspaper having
				general circulation in the state, and, as appropriate, in other newspapers and
				publications.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-009 - Negotiated Rulemaking Committee; membership

Current through June 17, 2024
All members of a negotiated rulemaking committee shall
				  participate in the deliberations of the committee with the same rights and
				  responsibilities as other members.
009.01 Members of a negotiated rulemaking
				committee may include:
009.01A A person
				designated by the Board to represent the Department. This person shall be
				authorized to fully represent the Department in the discussions and
				negotiations of the committee.
009.01B Persons selected by the Board as
				willing and qualified to represent the interests that will be significantly
				affected by the proposed rule.
009.01C Persons contacted and recruited by
				the negotiated rulemaking committee itself by consensus as essential to the
				success of the negotiated rulemaking process.
009.01D Persons selected by the negotiated
				rulemaking committee by consensus upon committee review of a petition for
				membership or nomination as set out in subsection 009.02 below.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-010 - Negotiated rulemaking committee; operation

Current through June 17, 2024
A negotiated rulemaking committee established under these
				  rules shall consider the matter proposed by the Board 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.
010.01 A negotiated rulemaking committee may
				adopt procedures or ground rules for the operation of the committee consistent
				with these rules and the pertinent Nebraska statutes.
010.02 The Department shall provide
				appropriate administrative support to a negotiated rulemaking committee
				including technical assistance and support.
010.03 The person representing the Department
				on a negotiated rulemaking committee shall participate in the deliberations of
				the committee with the same rights and responsibilities as other members of the
				committee and shall be authorized to fully represent the Department in the
				discussions and negotiations of the committee.
010.04 If a negotiated rule making committee
				achieves consensus on a proposed rule at the conclusion of the negotiations,
				the committee shall transmit to the Board a report containing the proposed
				rule.
010.05 If a negotiated
				rulemaking committee does not reach a consensus on the proposed rule, the
				committee shall transmit to the Board a report specifying areas in which the
				committee reached consensus and the issues that remain unresolved. The
				committee may include in the report any other information, recommendations, or
				materials that the committee considers appropriate. Any member of the committee
				may include as an addendum to the report additional information,
				recommendations or materials.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-011 - Facilitators; selection; duties

Current through June 17, 2024
A facilitator shall be selected to assist a negotiated
				  rulemaking committee with its duties.
011.01 The Commissioner may nominate a person
				to serve as a facilitator for the negotiations of a negotiated rulemaking
				committee, subject to the approval of the committee by consensus. If the
				committee does not approve the Commissioner's nomination for facilitator, the
				Commissioner shall submit a substitute nomination. If the committee does not
				approve the substitute nomination of the Commissioner for facilitator, the
				committee shall select, by consensus, a person to serve as
				facilitator.
011.02 The Board may
				employ or contract for an organization or an individual to serve as a
				facilitator for a negotiated rulemaking committee or the Board may use the
				services of a state employee to act as a facilitator. A person designated by
				the Board to represent the Department on a negotiated rulemaking committee with
				respect to substantive issues may not serve as the facilitator. A facilitator
				shall not have a financial or other interest that would preclude him or her
				from serving in an impartial and independent manner. The Board shall determine
				whether a person under consideration for facilitator has such an interest. A
				person disqualified under this criterion shall be dropped from further
				consideration.
011.03 A facilitator
				approved or selected by a committee shall:
011.03A Preside at the meetings of the
				committee in an impartial manner.
011.03B Impartially assist members in
				conducting discussions and negotiations and achieving consensus.
011.03C Manage the keeping of minutes and
				records.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-012 - Negotiated rulemaking committee; expenses

Current through June 17, 2024
Members of a negotiated rulemaking committee shall be
				  responsible for their own expenses of participation. However, the Board may pay
				  for a committee member's actual and necessary expenses incurred in serving on
				  the committee as provided in
Neb. Rev. Stat. §§
81-1174 through 81-1177 and a reasonable per diem rate of
				  compensation if:
012.01 The committee
				member certifies a lack of adequate financial resources to participate on the
				committee using the form at Attachment 4 which is attached to these regulations
				and made a part of them by reference; and,
012.02 The Board determines that the
				committee member's participation is necessary to assure an adequate
				representation of the interests of the members.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-013 - Grants or gifts

Current through June 17, 2024
The Board may accept grants or gifts from any source to fund
				  a negotiated rulemaking process if:
013.01 Information on the name of the person
				giving the grant or gift and the amount of the grant or gift is available to
				the public.
013.02 The grant or
				gift is given to and accepted by the Board without placing any condition on the
				membership of a committee or the outcome of the negotiated rulemaking
				process.
013.03 There is a
				consensus among the members of the negotiated rulemaking committee that the
				acceptance of the grant or gift will not diminish the integrity of the
				negotiated rulemaking process.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-014 - Negotiated rulemaking committee; termination

Current through June 17, 2024
A negotiated rulemaking committee shall terminate upon the
				  adoption of the final rule under consideration by the Board pursuant to the
				  APA, unless the Board, after consulting the committee, or the committee itself
				  specifies an earlier termination date.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-015 - Negotiated rulemaking procedure; judicial review

Current through June 17, 2024
Any action of the Board relating to establishing, assisting
				  or terminating a negotiated rulemaking committee under the Negotiated
				  Rulemaking Act shall not be subject to judicial review, except that nothing in
				  this section shall bar judicial review if such judicial review is otherwise
				  provided by law.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Attachment 92-64-4

Current through June 17, 2024
BEFORE THE STATE DEPARTMENT OF EDUCATION STATE OF
				  NEBRASKA
In the matter of the Negotiated ) Certification of
Rulemaking Committee for ) Financial
[Insert name of the proposed ) Need
Negotiated Rulemaking Committee], )
____ NAC ____.
STATE OF NEBRASKA )
) ss.
COUNTY OF _________ )
COMES NOW the undersigned, being first duly sworn, and hereby
				  states and certifies as follows:
1. I
				am a member of the above-referenced negotiated rulemaking committee created by
				the State Department of Education.
2. In connection with my duties on that
				committee, I represent [insert the name of the appropriate identified
				interest].
3. In connection with my
				duties on that committee, I have incurred or will incur expenses and/or other
				costs.
4. I certify that I have a
				lack of adequate financial resources to serve on the above- referenced
				negotiated rulemaking committee, and that I need financial assistance from the
				Department in order to serve.
_________________________________________________________
Signature of Affiant
Subscribed and sworn to before me this ______ day of
				  ___________, 19 ______ .
________________________________
Notary Public
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-002 - Prohibitions against ex parte communications

Current through June 17, 2024
002.01 Prohibitions; when applicable
The prohibitions found in this section shall apply beginning
				  at the time notice for hearing is given.
002.02 Prohibitions; to whom applicable
002.02A
Parties and
				public
. No party in a contested case or other person outside the
				Department having an interest in the contested case shall make or knowingly
				cause to be made an ex parte communication to the hearing officer.
002.02B
Persons in decision
				making roles
. No hearing officer shall make or knowingly cause to
				be made an ex parte communication to any party in a contested case or other
				person outside the Department having an interest in the contested
				case.
002.02C
Investigators
. The Director or employees engaged in
				the investigation or enforcement of a contested case shall not make or
				knowingly cause to be made an ex parte communication to a hearing
				officer.