001.01 Application of Model Rules
These regulations are adapted from model rules of the
Attorney General promulgated pursuant to Neb. Rev. Stat.
§
84-913
and to §
84-909.01,
as practicable under the circumstances, and apply to all contested cases before
the Nebraska Equal Opportunity Commission arising under the Fair Housing Act,
Neb. Rev. Stat. §§
20-301
to
20-344. In
the absence of a specific provision regarding procedure, the rules applicable
to civil cases in Nebraska district courts shall serve as a general
guide.
001.02 Definitions
The following definitions shall apply as used throughout
these rules and regulations.
001.02A
Agency or Commission shall mean the Nebraska Equal Opportunity Commission. The
term "Chair" shall mean the Chairperson of the Commission or, in the absence of
the Chair, the Vice Chair, and in the absence of both, any other member
designated by the Chair or by a majority of the Commission to serve.
001.02B Aggrieved refers to a substantial
grievance, a denial of some personal or property right or the imposition upon a
party of a burden or obligation.
Source: Black's Law Dictionary
001.02B1 Aggrieved Person under the FHA shall
include any person who claims to have been injured by a discriminatory housing
practice or believes that he or she will be injured by a discriminatory housing
practice that is about to occur.
Source: Neb. Rev. Stat. §
20-304
001.02C Charge means a short and plain
statement under the Fair Housing Act of the facts upon which the Commission has
found reasonable cause to believe that a discriminatory housing practice has
occurred or is about to occur, which is based on the final investigative report
and need not be limited to the facts or grounds originally alleged.
Source: Neb. Rev. Stat. §
20-333(1)(b)(ii)
001.02D
Complainant shall mean the Commission or the person alleged in a charge to have
been aggrieved by a discriminatory housing practice.
Source: Neb. Rev. Stat. §§
20-326(1),
20-333(1)
001.02E Contested
case shall mean a proceeding before the Commission in which the legal rights,
duties, or privileges of specific parties are required by law or constitutional
right to be determined after an agency hearing.
Source: Neb. Rev. Stat. §
84-901(3)
001.02F Ex parte
communication shall mean an oral or written communication which is not on the
record in a contested case with respect to which reasonable notice to all
parties was not given. Ex parte communication shall not include:
001.02F1 Communications which do not pertain
to the merits of a contested case;
001.02F2 Communications required for the
disposition of ex parte matters as authorized by
law;
001.02F3 Communications in a
ratemaking or rulemaking proceeding; and
001.02F4 Communications to which all parties
have given consent.
Source: Neb. Rev. Stat. §
84-901(4)
001.02G Fair Housing Act or FHA shall mean
Neb. Rev. Stat. §§
20-301
to
20-344.
001.02H Hearing officer shall mean
the person or persons conducting a hearing, contested case, or other proceeding
pursuant to the Administrative Procedure Act, whether designated as the
presiding officer, administrative law judge, or some other title designation.
Source: Neb. Rev. Stat. §
84-901(5)
001.02I Necessary
party shall mean a person or entity having 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.
Source: Neb. Rev. Stat. §§
84-901,
84-909,
84-912.02
(Cf. Attorney General Model Regulations and Procedures Governing Agency
Declaratory Orders, 53 NAC 3-002.08).
001.02J Party means, as applicable, the
Commission, the person against whom or on whose behalf a contested case is
brought, or a person allowed to intervene in a contested case.
See Neb. Rev. Stat §§
20-333,
20-336
001.02K
Respondent means the party named in the charge to answer the allegations of
such charge at a hearing before the Commission.
Source: Neb. Rev. Stat. §
20-333(2)(a)
