Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 62 - DECLARATORY RULINGS
Section 92-62-006 - Intervention in Declaratory Order Proceeding

Universal Citation: 92 NE Admin Rules and Regs ch 62 ยง 006

Current through March 20, 2024

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

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

006.01B. The contents of the petition must be as specified in 006.02.

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

006.02 Contents of Petition

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

006.02A The statute, regulation, rule, or order that may apply to or effect the person, property, entity, or facts at issue in the matter;

006.02B A statement of facts sufficient to show the intervenor's interest;

006.02C 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;

006.02D All propositions of law or contentions asserted by the intervenor; and

006.02E A statement of the specific relief requested by the intervenor.

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

006.04 The Board shall grant a petition for intervention if the requirements of § 006.01 and § 006.02 are satisfied.

006.05 The Board 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.

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

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