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 92-61-004 - Commencement of a contested case

Current through June 17, 2024
004.01 The contested case begins with the
				filing of a petition and request for hearing, if applicable, with the Board.
				The petition is the initial document filed with the Board that sets forth a
				claim and request for Board action. A sample petition is included in this
				chapter as Appendix A.
004.02 A
				party to a contested case shall be the person by or against whom a contested
				case is brought or a person allowed to intervene in a contested case
004.03 A party may appear on his or her own
				behalf in a contested case proceeding or may be represented by an attorney or
				other representative as permitted by law
004.04 The pleadings in a contested case may
				include a petition, answer, reply, notice, motion, stipulation, objection or
				order or other formal written document filed in a proceeding before the Board A
				sample Answer is included in this chapter as Appendix B Any pleading filed in a
				contested case shall meet the following requirements:
00404A The pleading shall contain a heading specifying the
				  name of the Board and the title or nature of the pleading, shall state material
				  factual allegations and state concisely the action the Board is being requested
				  to take, shall contain the name and address of the petitioner, and shall be
				  signed by the party filing the pleading, or when represented by an attorney,
				  the signature of that attorney
00404A1 Attorneys shall also include their address, telephone
				  number and bar number
00404A2 The initial petition shall also contain the name and
				  address of the respondent
00404B All pleadings shall be made on white, letter-sized (8_
				  x 11) paper and shall be legibly typewritten, photostatically reproduced,
				  printed or handwritten If handwritten, a pleading must be written in ink
004.05 All pleadings shall be
				filed with the Board at its official office, at the State Office Building, 6th
				Floor, 301 Centennial Mall South, Lincoln, Nebraska, 68509, unless otherwise
				directed by the Board or its hearing officer Filing may be accomplished by
				personal delivery or mail and will be received during regular office hours of
				the Department, which are 8:00 am to 5:00 pm Central Time, Monday through
				Friday, except state holidays
004.06 The Board shall serve a copy of the
				petition on each respondent listed in the petition personally or by first-class
				or certified mail Written proof of such service shall be filed with the Board
				Each respondent who chooses to file a responsive pleading must do so within 20
				days from the date of personal service or the date of Board mailing of the
				petition
004.07 All pleadings
				subsequent to the initial petition shall be served by the party filing such
				pleading upon all attorneys of record or other representatives of record and
				upon all unrepresented parties Service shall be made personally or by
				first-class or certified mail Written proof of such service shall be filed with
				the Board
004.08 Unless state law
				provides that a hearing is not required, a hearing date shall be set by the
				Board in accordance with statutory requirements A written notice of the time
				and place of hearing and the name of the hearing officer, if known, shall be
				served by the Board upon all attorneys of record or other representatives of
				record and upon all unrepresented parties The notice must include a proof of
				such service and will be filed with the Board
004.09 In computing time prescribed or
				allowed by this chapter of these rules and regulations or by any applicable
				statute in which the method of computing time is not specifically provided,
				days will be computed by excluding the day of the act or event and including
				the last day of the period If the last day of the period falls on a Saturday,
				Sunday, or state holiday, the period shall include the next working
				day