Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 62 - DECLARATORY RULINGS
Section 92-62-002 - Definitions
Current through March 20, 2024
As used in this chapter:
002.01 Argument
Argument shall mean the oral statement of the petitioner or any other party which explains his or her view of the facts and issues to be decided, the law applicable to the question presented, and the reasoning that connects the facts and law.
002.02 Board
Board shall mean the State Board of Education.
002.03 Commissioner
Commissioner shall mean the State Commissioner of Education.
002.04 Contested case
Contested case shall mean a proceeding before the Board in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after hearing before the Board.
002.05 Declaratory order proceeding
Declaratory order proceeding shall mean a proceeding initiated by a petitioner seeking issuance of a binding order by the Board as to the applicability of specified circumstances to a statute, rule, regulation, or order within the primary jurisdiction of the Board.
002.06 Hearing officer
Hearing officer shall mean the person or persons conducting a declaratory order proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title.
002.07 Intervenor(s)
Intervenor(s) shall mean persons, political subdivisions, corporations, organizations, or other entities who have or claim to have any interest, legal right, duty, privilege, or immunity, which would be directly affected by the Board's issuance of a binding declaratory order.
002.08 Necessary party
Necessary party shall mean a person who or an entity which has a specific interest in the applicability of the statute, rule, regulation, or order, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved.
002.09 Parties
Parties shall mean persons, political subdivisions, corporations, organizations, or other entities subject to the jurisdiction of the Board who are involved in a declaratory order proceeding according to the procedures set forth in this chapter.
002.10 Petition
Petition shall mean the document filed in accordance with section 003 of this chapter to initiate a declaratory order proceeding.
002.11 Petitioner(s)
Petitioner(s) shall mean a party or parties who have filed a petition with the Board seeking issuance of a declaratory order.
002.12 Pleading
Pleading shall mean any written petition, answer, or motion used in any declaratory order proceeding before the Board as set forth in this chapter.