Chapter 84 — STATE OFFICERS
557 sections in this chapter.
Neb. Rev. Stat. § 84-909.01 Model rules of procedure; Attorney General; agency; duties.
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In accordance with the rulemaking and regulationmaking requirements of the Administrative Procedure Act, the Attorney General shall prepare and promulgate model rules of procedure appropriate for use by as many agencies as possible and shall file the model rules with the Secretar…
Neb. Rev. Stat. § 84-910 Agency; notification to Legislative Oversight Committee; contents; format; notice to Executive Board of the Legislative Council.
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(1) On or before July 1 of each year, each agency shall notify the Legislative Oversight Committee of the status of all rules and regulations pending before the agency that are required by law and that have not been adopted and promulgated. If such rules and regulations have not …
Neb. Rev. Stat. § 84-911 Validity of rule or regulation; declaratory judgment; procedure.
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(1) The validity of any rule or regulation may be determined upon a petition for a declaratory judgment if it appears that the rule or regulation or its threatened application interferes with or impairs or threatens to interfere with or impair the legal rights or privileges of th…
Repealed. Laws 1994, LB 446, § 40.
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[Repealed or reserved.]
Neb. Rev. Stat. § 84-912.01 Petition for declaratory order; issuance by agency; duties; effect.
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(1) Any person may petition an agency for a declaratory order as to the applicability to specified circumstances of a statute, rule, regulation, or order within the primary jurisdiction of the agency. An agency shall issue a declaratory order in response to a petition for that or…
Neb. Rev. Stat. § 84-912.02 Petition for intervention; hearing officer or designee; grant petition; conditions; powers and duties; order.
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(1) A hearing officer or designee shall grant a petition for intervention if: (a) The petition is submitted in writing to the hearing officer or designee, with copies mailed to all parties named in the hearing officer's notice of the hearing, at least five days before the hearing…
Neb. Rev. Stat. § 84-912.03 Tax Equalization and Review Commission; exemption.
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Sections 84-912.01 and 84-913 to 84-919 do not apply to the Tax Equalization and Review Commission.
Neb. Rev. Stat. § 84-913 Contested cases; notice of hearing; record; transcript.
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In any contested case all parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place, and issues involved, but if, by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing or i…
Neb. Rev. Stat. § 84-913.01 Hearing officer; prehearing conference; procedure.
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(1) The hearing officer designated to conduct the hearing may determine, subject to the agency's rules and regulations, whether a prehearing conference will be conducted. If the conference is conducted: (a) The hearing officer shall promptly notify the agency of the determination…
Neb. Rev. Stat. § 84-913.02 Hearing officer; prehearing conference; powers and duties; orders.
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(1) The hearing officer shall conduct the prehearing conference, as may be appropriate, to deal with such matters as exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objec…
Neb. Rev. Stat. § 84-913.03 Hearing officer; prehearing conference and hearing; how conducted.
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The hearing officer may conduct all or part of the prehearing conference and the hearing by telephone, television, or other electronic means if each participant in the conference or hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the en…
Neb. Rev. Stat. § 84-913.04 Proceedings; limitation on participation.
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(1) 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 (3) of this section. (2) A person who…
Neb. Rev. Stat. § 84-914 Contested cases; evidence; procedure; ex parte communications.
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In contested cases: (1) An agency may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs and exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. An a…
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…