Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-001 - General Information

Current through June 17, 2024
001.01 Application of Rules
These rules are promulgated pursuant to Neb. Laws 1994, LB 446 and LB 414
											  and 53 Nebraska Administrative Code Chapter 4. They shall apply to all contested cases within the
											  jurisdiction of the Commission.
001.02 Definitions
The following definitions shall apply as used throughout Chapter 4 of
											  these rules and regulations.
001.02A Agency shall mean the
										Commission and its employees, including the Director, any Deputy Directors, and staff.
001.02B Chairperson shall mean the Secretary of State. In the event of the
										absence or inability of the Secretary of State to serve as Chairperson, it shall also mean the acting
										Chairperson appointed by the Secretary of State or, in the event no appointment is made by the Secretary of
										State, by the Commission.
001.02C Commission shall mean the State
										Real Estate Commission of the State of Nebraska, and shall include only duly appointed and acting members of
										the Commission, and not employees or agents of the Agency.
001.02D 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 a Commission hearing.
001.02E Director
										shall mean the individual appointed as the Director of the Commission pursuant to Section
										81-885.07(4)
										 of the Real Estate License Act.
001.02F Ex Parte Communication shall mean an oral or written communication
										which is not on the record in a contested case with respect to which reasonable notice to all parties was not
										given. Ex parte communication shall not include:
001.02F1 Communications
										which do not pertain to the merits of a contested case;
001.02F2
										Communications required for the disposition of ex parte matters as authorized by law;
001.02F3 Communications in a rulemaking proceeding; and
001.02F4 Communications to which all parties have given
										consent.
001.02G Hearing Officer shall mean the
										Chairperson or, for the purposes of conducting a prehearing conference and hearings on non-dispositive
										motions and other matters preliminary to a evidentiary hearing before the Commission, any individual
										appointed by the Chairperson pursuant to these rules. The individual appointed to handle prehearing
										conferences, hearings on non-dispositive motions, and other matters preliminary to the evidentiary hearing
										may, but need not be, a member the Commission or an employee of the Agency.
001.02H Membership Campground Act shall mean Sections
										76-2101 et seq., Revised Statutes of Nebraska,
										1943, as amended.
001.02I Non-Dispositive Hearing shall mean a
										hearing conducted by a hearing officer on motions regarding continuances, discovery matters, protective
										orders, and other procedural matters.
001.02J Party means the
										person by or against whom a contested case is brought, or a person allowed to intervene in a contested
										case.
001.02K Person or Persons shall include individuals,
										corporations, partnerships, associations, limited liability companies, or any other entities.
001.02L Prehearing Conference shall mean a conference before a hearing
										officer held for the purpose of identifying issues, witnesses, evidence, and other matters deemed relevant to
										the evidentiary hearing before the Commission, including discussion of potential settlement of a contested
										case.
001.02M Real Estate License Act shall mean the Nebraska
										Real Estate License Act, Sections
										81-885.01 et seq., Revised Statutes Nebraska,
										1943, as amended.
001.02N Retirement Communities and Subdivision
										Act shall mean Sections
										76-1301 et seq., Revised Statutes of
										Nebraska, 1943, as amended.
001.02O State shall mean the State of
										Nebraska.
001.02P Subdivision Certification Law shall mean
										Sections
										81-885.33
										through
										81-885.48, Revised Statutes of Nebraska,
										1943, as amended.
001.02Q Time-Share Act shall mean Sections
										76-1701 et seq., Revised Statutes of Nebraska,
										1943, as amended.