Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS
Section 92-71-010 - Appeals

Current through March 20, 2024

010.01 Any person aggrieved by a final decision in a contested case is entitled to judicial review under the Administrative Procedure Act or to resort to such other means of review as may be provided by law.

010.02 Parties desiring to appeal a Department decision must file a petition for review in the district court of the county where the Department action is taken within thirty (30) days after the service of the final decision by the Department. The thirty (30) day period for appeal commences to run from the date of mailing of the notice of order and decision to the parties or their attorneys of record. Service of the petition and summons must be made in accordance with Nebraska law.

010.03 Unless otherwise provided by statute, the procedures of Neb. Rev. Stat. § 84-917 govern the procedure for taking an appeal.

010.04 Decisions rendered under this Chapter are not appealable to the Commissioner of Education or State Board of Education under 92 NAC 61.

010.05 If any person appeals the final decision of the hearing officer, the final decision involved shall be implemented pending review by the court.

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