Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 184 - DIVISION OF PUBLIC HEALTH
Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR DIVISION OF PUBLIC HEALTH ADMINISTRATIVE HEARINGS
Section 184-1-007 - COMMENCEMENT OF PROCEEDINGS
Universal Citation: 184 NE Admin Rules and Regs ch 1 ยง 007
Current through September 17, 2024
007.01 INITIATION AND PARTIES. A contested case begins when proper delivery of notice or request for hearing is obtained, by:
(A) Timely request for hearing after issuance
of written notice by the decisionmaker of the total or partial denial of an
application. The sole parties are the applicant and the Division.
(B) Timely request for hearing after issuance
of written notice by the decisionmaker of refusal to renew a credential or
permit. The sole parties are the holder of the credential or permit and the
Division.
(C) The filing of a
petition for discipline. The sole parties are the State of Nebraska on the
relation of the Attorney General and the credential holder.
(D) Timely request for hearing after issuance
of written notice by the decisionmaker of revocation, suspension, citation, or
other discipline. The sole parties are the Division and the credential or
permit holder.
(E) Except as
provided in section 009.04, timely request for hearing after denial of an
application or petition for reinstatement of a credential or permit. The sole
parties are the person requesting reinstatement and the Division.
(F) Timely request for hearing after issuance
of an administrative order by the decisionmaker compelling or prohibiting
performance of an action. The sole parties are the Division and the person to
whom the order is directed.
(G)
Timely request for appeal of a decision by a person or entity, other than the
Division, which the Division is authorized by law to review. The sole parties
are the person requesting review and the person whose decision is the subject
of review.
(H) An Order to Show
Cause why the Division should not take disciplinary or other action. The sole
parties are the Division and the person to whom the order is
directed.
(I) Such other actions as
may require a hearing as provided by law or constitutional
right.
007.02 HEARING NOT REQUIRED.
007.02(A) CIRCUMSTANCES. Notwithstanding the
procedures set forth in this chapter, an evidentiary hearing is not required:
(i) If there are no issues of material
fact;
(ii) If an application for
approval cannot be granted because it contains information showing on its face
that the applicant does not meet statutory requirements for approval;
(iii) If an application is denied, renewal of
approval refused, or approval revoked solely for failure to submit a complete
application by failure to pay a required fee, submit a required document, or
make another submission that is required as a condition for approval or
continued approval; or
(iv) If a
request for hearing is received after the time for filing the request has
expired so that a preliminary decision has become final.
007.02(B)
NOTICE. If
it is known at the time of the initial action that a matter is one that does
not require an evidentiary hearing, the Division will include in its
preliminary notice of action a statement advising the applicant or credential
or permit holder that no evidentiary hearing will be held, the basis for this
determination, and the method to challenge the determination.
007.02(C)
CHALLENGES TO DIVISION
DETERMINATION. A party may challenge the Division's determination
that the matter does not require an evidentiary hearing by filing a request for
hearing in the manner and within the time provided in section 008.03, the
request must also include notice that the party wishes to dispute the decision
that no hearing is required. In other cases, the matter will be disposed of by
order of the Division on its own motion or upon motion by a party. In other
cases, the matter will be disposed of by order of the Division on its own
motion or upon motion of a party. If there are no issues of material fact in
dispute, but there are contested issues of law, the Division may set the matter
for oral argument, require briefs, or both.
007.03 INTERVENTION.
007.03(A)
CIRCUMSTANCES. Intervention is allowed only when:
(i) A statute requires that a person be
allowed to intervene as of right in an administrative proceeding, upon petition
made in proper form and in a timely manner showing that petitioner qualifies as
an intervenor; or
(ii) A statute
authorizes the Division to allow persons to intervene in an action, upon
petition made at least 5 working days before the hearing begins and showing
that the person seeking intervention has equal rights, duties, privileges,
immunities, or other interests that may be substantially affected by the
proceeding.
007.03(B)
PETITIONS. Petitions must meet the requirements for
pleadings generally and must state the name, address, and telephone number of
the person making the motion and grounds for intervention; identify claims or
defenses for which intervention is sought; and be served on all parties at
least 5 days before hearing.
007.03(C)
GRANTING AND
CONDITIONS. The granting of petitions for intervention and
imposition of conditions upon intervenors' participation is governed by 53 NAC
4-003.02 to 4-003.04.
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