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394 sections in this chapter.
Neb. Rev. Stat. § 84-915 Contested cases; orders; findings of fact; conclusions of law; notification.
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Every decision and order adverse to a party to the proceeding, rendered by an agency 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. The findings of fact shall consist of a concise statement of …
Neb. Rev. Stat. § 84-915.01 Official record of contested cases; agency maintain; contents; use.
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(1) An agency shall maintain an official record of each contested case under the Administrative Procedure Act for at least four years following the date of the final order. (2) The agency record shall consist only of: (a) Notices of all proceedings; (b) Any pleadings, motions, re…
Neb. Rev. Stat. § 84-916 Act; intent.
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The Administrative Procedure Act is intended to constitute an independent act establishing minimum administrative procedure for all agencies.
Neb. Rev. Stat. § 84-917 Contested case; appeal; right to cross-appeal; procedure.
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(1) Any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review under the Administrative Procedure Act. Nothing in this section shall be deemed to prevent resort to other means of rev…
Neb. Rev. Stat. § 84-918 District court decision; appeal.
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(1) An aggrieved party may secure a review of any judgment rendered or final order made by the district court under the Administrative Procedure Act by appeal to the Court of Appeals. (2) When the petition instituting proceedings for review was filed in the district court before …
Neb. Rev. Stat. § 84-919 Act; exclusive means of judicial review.
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Except as otherwise provided by law, the Administrative Procedure Act establishes the exclusive means of judicial review of a final decision of any agency in a contested case.
Neb. Rev. Stat. § 84-919.01 Negotiated Rulemaking Act; use by agency.
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Prior to the formal rulemaking procedure of section 84-907, agencies may use the procedures of the Negotiated Rulemaking Act to permit the direct participation of affected persons in the development of proposed rules and regulations. Negotiated rulemaking may be used to resolve c…
Neb. Rev. Stat. § 84-919.02 Contested case; appeal; court review; de novo; deferral.
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Any court reviewing an appeal from a contested case shall interpret the statute or rule or regulation de novo on the record and shall not defer to the agency's interpretation of such statute or rule or regulation.
Neb. Rev. Stat. § 84-919.03 Court on hearing officers; state agency actions.
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In actions brought by or against state agencies, after applying all customary tools of interpretation of a statute or rule or regulation, the court or hearing officer shall resolve any remaining doubt in favor of a reasonable interpretation which is consistent with an individual'…
Neb. Rev. Stat. § 84-920 Act, how cited.
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Sections 84-901 to 84-920, the Occupational Board Reform Act, and the Personal Privacy Protection Act shall be known and may be cited as the Administrative Procedure Act.
Neb. Rev. Stat. § 84-921 Act, how cited.
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Sections 84-921 to 84-932 shall be known and may be cited as the Negotiated Rulemaking Act.
Neb. Rev. Stat. § 84-922 Purpose of act.
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The purpose of the Negotiated Rulemaking Act is to establish a framework for the conduct of negotiated rulemaking consistent with the Administrative Procedure Act. It is the intent of the Legislature that state agencies, whenever appropriate, use the negotiated rulemaking process…
Neb. Rev. Stat. § 84-923 Terms, defined.
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For purposes of the Negotiated Rulemaking Act: (1) Agency shall have the same meaning as in section 84-901; (2) Consensus shall mean unanimous concurrence among the interests represented on a negotiated rulemaking committee unless the committee agrees upon another specified defin…
Neb. Rev. Stat. § 84-924 Negotiated rulemaking committee; establishment; agency director; use of negotiated rulemaking procedure; determination; considerations; convenor; duties.
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(1) An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the agency director determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the agency director shall consider…
Neb. Rev. Stat. § 84-925 Petition to use negotiated rulemaking committee; procedure; exception.
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(1) Except as provided in subsection (2) of this section, any person may petition an agency to request the use of a negotiated rulemaking committee in the development or revision of a rule. Each agency shall prescribe the form of the petition and the procedure for its submission,…
Neb. Rev. Stat. § 84-926 Negotiated rulemaking committee established; agency; duties; Secretary of State; duties.
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(1) If an agency decides to establish a negotiated rulemaking committee, the agency shall: (a) Give notice to the Secretary of State; and (b) Publish the notice in a newspaper having general circulation in the state and, as appropriate, in other newspapers and publications. (2) T…
Neb. Rev. Stat. § 84-927 Negotiated rulemaking committee; establishment; notice of decision; agency support; termination.
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(1) If, after considering comments and applications for membership on the negotiated rulemaking committee submitted pursuant to section 84-926, the agency determines that a negotiated rulemaking committee can adequately represent the interests of the persons that will be signific…
Neb. Rev. Stat. § 84-928 Negotiated rulemaking committee; membership; procedure.
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(1) A negotiated rulemaking committee may by consensus expand its membership, either by contacting and recruiting persons whose participation the committee believes is essential to the success of the negotiated rulemaking process or upon reviewing a petition submitted pursuant to…
Neb. Rev. Stat. § 84-929 Negotiated rulemaking committee; powers and duties; consensus; procedure; report; contents.
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(1) A negotiated rulemaking committee shall consider the matter proposed by the agency 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. (2) The person representing the…
Neb. Rev. Stat. § 84-930 Facilitator; selection; duties.
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(1) An agency may nominate a person to serve as a facilitator for the negotiations of the negotiated rulemaking committee, subject to the approval of the committee by consensus. If the committee does not approve the agency's nomination for facilitator, the agency shall submit a s…
Neb. Rev. Stat. § 84-931 Convenor or facilitator; contract authorized; state employee; disqualification; members of negotiated rulemaking committee; expenses; per diem; grants or gifts.
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(1) An agency may employ or enter into a contract for the services of an organization or individual to serve as a convenor or facilitator for a negotiated rulemaking committee or may use the services of a state employee to act as a convenor or facilitator for a committee. (2) An …
Neb. Rev. Stat. § 84-932 Agency action; judicial review; limitation; negotiated rule; judicial review; treatment.
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Any agency action relating to establishing, assisting, or terminating a negotiated rulemaking committee under the Negotiated Rulemaking Act shall not be subject to judicial review. Nothing in this section shall bar judicial review if such judicial review is otherwise provided by …
Neb. Rev. Stat. § 84-933 Act, how cited.
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Sections 84-933 to 84-950 shall be known and may be cited as the Occupational Board Reform Act.
Neb. Rev. Stat. § 84-934 Definitions, where found.
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For purposes of the Occupational Board Reform Act, the definitions in sections 84-935 to 84-944.01 apply.
Neb. Rev. Stat. § 84-935 Government certification, defined.
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Government certification means a nontransferable recognition granted to an individual by an occupational board through a voluntary program in which the individual meets personal qualifications established by the Legislature. Government certification allows the certified individua…
Neb. Rev. Stat. § 84-936 Lawful occupation, defined.
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Lawful occupation means a course of conduct, a pursuit, or a profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling them is subject to an occupational regulation.
Neb. Rev. Stat. § 84-937 Least restrictive regulation, defined.
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Least restrictive regulation means one of the following types of regulation, listed from least restrictive to most restrictive, consistent with the health, safety, and welfare of the public: (1) Market competition; (2) Third-party or consumer-created ratings and reviews; (3) Priv…
Neb. Rev. Stat. § 84-938 Occupational board, defined.
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Occupational board means a board, commission, department, or other entity created by state law which regulates providers through occupational regulations.
Neb. Rev. Stat. § 84-939 Occupational license, defined.
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Occupational license means a nontransferable authorization in law (1) for an individual to perform exclusively a lawful occupation for compensation based on meeting personal qualifications established by the Legislature and (2) which is required in order to legally perform the la…
Neb. Rev. Stat. § 84-940 Occupational regulation, defined.
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(1) Occupational regulation means a statute, rule, regulation, practice, policy, or other state law requiring an individual to possess certain personal qualifications or to comply with registration requirements to use an occupational title or work in a lawful occupation. (2) Occu…
Neb. Rev. Stat. § 84-941 Personal qualifications, defined.
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Personal qualifications means criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or kno…
Neb. Rev. Stat. § 84-941.01 Potentially disqualifying conviction, defined.
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Potentially disqualifying conviction includes a conviction for: (1) Criminal attempt as provided in section 28-201, conspiracy as provided in section 28-202, or aiding and abetting as provided in section 28-206, to commit an offense listed in this section; (2) Murder as provided …
Neb. Rev. Stat. § 84-942 Private certification, defined.
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Private certification means a nontransferable recognition granted to an individual by a private organization through a voluntary program in which the individual meets personal qualifications established by the private organization.
Neb. Rev. Stat. § 84-943 Provider, defined.
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Provider means an individual provider of goods or services engaged in a lawful occupation.
Neb. Rev. Stat. § 84-944 Registration, defined.
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(1) Registration means a nontransferable registration granted to an individual under which (a) the individual is required to give notice to the government that may include the individual's name and address, the individual's agent for service of process, the location of the activi…
Neb. Rev. Stat. § 84-944.01 United States Military, defined.
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United States Military means any active duty or reserve duty component of the armed forces of the United States, any state of the United States, or any territory of the United States.
Neb. Rev. Stat. § 84-945 Use of terms certification, certified, registration, and registered; how construed.
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For purposes of the Occupational Board Reform Act: (1) Government certification and registration are not synonymous with occupational license; (2) Except as provided in section 84-935, when the terms certification and certified are used outside of the Occupational Board Reform Ac…
Neb. Rev. Stat. § 84-945.01 Precedence of federal law.
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To the extent that an occupational board or lawful occupation is also governed by federal law, federal law shall take precedence over the Occupational Board Reform Act. The act shall not be construed to preempt federal law governing lawful occupations in this state.
Neb. Rev. Stat. § 84-946 Statement of policy.
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It is the policy of the State of Nebraska: (1) To protect the fundamental right of an individual to pursue a lawful occupation; (2) To use the least restrictive regulation which is necessary to protect consumers from undue risk of present, significant, and substantiated harms tha…
Neb. Rev. Stat. § 84-946.01 Applicability of sections.
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Sections 84-947, 84-949, and 84-950 do not apply to: (1) An occupation regulated by: (a) The Supreme Court; (b) The Department of Banking and Finance; (c) The Board of Engineers and Architects; (d) The Board of Geologists; (e) The Real Property Appraiser Board; (f) The State Elec…
Neb. Rev. Stat. § 84-947 Individual with criminal conviction; submit preliminary application; occupational board; duties; determination; appeal; fee.
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(1) The fundamental right of an individual to pursue an occupation includes the right of an individual with a criminal history to obtain an occupational license, government certification, or state recognition of the individual's personal qualifications. (2)(a) An individual who h…
Neb. Rev. Stat. § 84-948 Standing committee of Legislature; duties; report; contents.
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(1) Beginning in 2019, each standing committee of the Legislature shall annually review and analyze approximately twenty percent of the occupational regulations within the jurisdiction of the committee and prepare and submit an annual report electronically to the Clerk of the Leg…
Neb. Rev. Stat. § 84-949 Individual with criminal conviction; submit application; additional information regarding circumstances, mitigating factors, and rehabilitation; occupational boards; determination regarding disqualification; appeal.
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(1) An individual who has a criminal conviction under the laws of Nebraska or any other jurisdiction may submit an application to the appropriate occupational board for an occupational license, government certification, or state recognition of the individual's personal qualificat…
Neb. Rev. Stat. § 84-950 Occupational license or government certification; issuance required; conditions; procedure; appeal; validity.
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(1) Subject to subsection (2) of this section and except as otherwise provided in section 84-946.01 or an occupational licensing compact: (a) An occupational board shall issue an occupational license or government certification to an individual upon application if: (i) The applic…