Nebraska Administrative Code
Topic - CORRECTIONAL SERVICES, DEPARTMENT OF
Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES
Chapter 10 - PETITION FOR DECLARATORY ORDER
Section 68-10-005 - Intervention in Declaratory Order Proceeding

Universal Citation: 68 NE Admin Rules and Regs ch 10 ยง 005

Current through September 17, 2024

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

005.01A. A petition for intervention must be submitted in writing to the agency. Copies must be mailed to all parties to the proceeding.

005.01B. The contents of the petition must be as specified in 005.02.

005.01C. The agency must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.

005.02 Contents of Petition. The petition for intervention shall be submitted to the agency, in writing, on 8 1/2 " x 11" white paper, and shall include each of the following:

005.02A The statute, regulation, rule, or order that may apply to or effect the person, property, entity, or facts at issue in the matter;

005.02B A statement of facts sufficient to show the intervenor's interest;

005.02C 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;

005.02D All propositions of law or contentions asserted by the intervenor; and

005.02E A statement of the specific relief requested by the intervenor.

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

005.04 The agency shall grant a petition for intervention if the requirements of §005.01 and §005.02 are satisfied.

005.05 The agency 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.

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

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