Nebraska Administrative Code
Topic - BANKING AND FINANCE, DEPARTMENT OF
Title 49 - DEPARTMENT OF BANKING AND FINANCE
Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS
Section 49-5-006 - INTERVENTION IN DECLARATORY ORDER PROCEEDING

Universal Citation: 49 NE Admin Rules and Regs ch 5 ยง 006

Current through March 20, 2024

006.01 Intervention by any person in a declaratory order proceeding shall be allowed when the following requirements are met:

006.01A A petition for intervention is submitted in writing to the Department. Copies must be mailed to all parties to the proceeding.

006.01B The petition complies with the requirements set forth in Section 006.02.

006.01C The Department determines that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.

006.02 The petition shall be made on white, letter-sized paper (8 1/2 inches x 11 inches) of standard weight.

006.03 The petition must be legible, and may be typewritten, printed, or handwritten or on a form photostatically reproduced. If handwritten, the petition must be written in ink. Only one side of a page shall contain any writing. Petitions must contain an original manual signature of the person requesting intervention in the declaratory action or an authorized agent of such person.

006.04 The petition for intervention shall be submitted to the Department and shall include each of the following:

006.04A The name and address of the intervenor; and when represented by an attorney, the name, address, telephone number, e-mail address if applicable, and Nebraska bar number of the attorney.

006.04B The statute, rule, or order that may apply to or affect the person, property, entity, or facts at issue in the matter.

006.04C A statement of facts sufficient to show the intervenor's interest.

006.04D A statement of facts which demonstrate that the intervenor's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the intervenor may intervene pursuant to a provision of law.

006.04E All propositions of law or contentions asserted by the intervenor;

006.04F A statement of the specific relief requested by the intervenor.

006.04G A demand for the relief to which the intervenor alleges entitlement. The petition shall state the intervenor's position as to how the Department should rule and why the Department should rule in the manner requested.

006.04H Any documents pertinent to the petition that the intervenor wishes to be considered by the Department.

006.04I The signature of the intervenor, or when represented by an attorney, the signature of the attorney.

006.04J The petition shall be subscribed and verified by the intervenor. If the intervenor is a corporation, political subdivision, or other entity, then the petition shall be subscribed and verified by a duly authorized agent of the intervening entity.

006.05 The Department may, at its discretion, invite any person or entity to file a petition for intervention.

006.06 The Department shall grant a petition for intervention if the requirements of Section 006.01 and Section 006.04 are satisfied.

006.07 The Department shall deny a petition for intervention upon determining that the interests of justice or the orderly and prompt conduct of the proceedings would be impaired by allowing the intervention.

006.08 The Department's decision to grant or deny a petition for intervention shall be in writing and served upon all parties.

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