Nebraska Administrative Code
Topic - ATHLETIC COMMISSION
Title 38
Chapter 7 - PRACTICE AND PROCEDURE
Section 38-7-001.03 - COMMENCEMENT OF A CONTESTED CASE

Universal Citation: 38 NE Admin Rules and Regs ch 7 ยง 001-03

Current through March 20, 2024

001.03(A) The contested case begins with the filing of a petition and request for hearing, if applicable, with the Commission. The petition is the initial document filed by or with the Commission that sets forth a claim and request for Commission action.

001.03(B) The parties to a contested case are the petitioner or person by whom a contested case is brought and the respondent or person against whom a contested case is brought.

001.03(C) 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.

001.03(D) 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 Commission. Any pleading filed in a contested case must meet the following requirements:

001.03(D)(i) The pleading must contain a heading specifying the Commission and the title or nature of the pleading shall state material factual allegations and state concisely the action the Commission is being requested to take, must contain the name and address of the petitioner, and must be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney.
001.03(D)(i)(1) Attorneys must also include their address, telephone number, and bar number.

001.03(D)(i)(2) The initial petition must also contain the name and address of the respondent.

001.03(D)(ii) All pleadings must be made on white, letter-sized (8½" x 11") paper and shall be legibly typewritten, photostatically reproduced, printed or handwritten. If handwritten, a pleading must be written in ink.

001.03(E) All pleadings must be filed with the Commission's official office. Filing may be accomplished by personal delivery or mail and will be received during regular office hours of the Commission.

001.03(F) The Commission must serve a copy of the petition on each respondent listed in the petition personally or by first class or certified mail. Written proof of service must be filed with the Commission. 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 Commission mailing of the petition.

001.03(G) All pleadings subsequent to the initial petition must be served by the party filing the pleading upon all attorneys of record or other representatives of record and upon all unrepresented parties. Service must be made personally or by first class or certified mail. Written proof of service must be filed with the Commission.

001.03(H) Unless state law provides that a hearing is not required, a hearing date will be set by the hearing officer in accordance with statutory requirements. A written notice of the time and place of hearing and the name of the hearing officer, if known, must be served by the Commission upon all attorneys of record or other representatives of record and upon all unrepresented parties. The notice must include a proof of service and will be filed with the Commission.

001.03(I) In computing time prescribed or allowed by Chapter 7 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 includes the next working day.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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