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 184-1-012 - PLEADINGS AND OTHER FILINGS

Universal Citation: 184 NE Admin Rules and Regs ch 1 ยง 012

Current through September 17, 2024

These requirements apply to pleadings and other filings except where otherwise prescribed by statute or rules and regulations.

012.01 FORM. Except as provided in section 008, pleadings and filings other than letters must contain:

(A) Captions that include the venue, names and capacities of the parties, and pleading name;

(B) Descriptions of all material facts pertinent to the pleading, requests for whatever action or relief is sought, references to applicable law, and any further statements necessary to explain the pleading or as required by law;

(C) Signatures of the party or the party's attorney, if represented;

(D) Names, addresses, and telephone numbers of the party or the party's attorney, typed or hand-printed beneath the signature, as well as attorneys' bar numbers; and

(E) Certificates of service, signed by the party, the party's attorney, or other person who serves the pleading, in the case of pleadings other than petitions. Certificates must identify the pleading, names and address of all persons on whom the filing was served, method of service, and date service was made.

012.02 SIZE AND PAPER. Pleadings and other filings must be on white, letter-sized (8 1/2 X 11) paper, single-sided, and legible. If handwritten, pleadings must be in ink. Attachments must meet these requirements unless otherwise approved by the hearing officer.

012.03 FILING. Pleadings and other materials must be filed in the Division by personal delivery, email, or mail during regular office hours. Pleadings received after regular officer hours will be stamped as received on the following work day. Parties may request receipts for any filing they make. Requests must be accompanied by an extra copy of the document for stamping and return.

012.04 ANSWERS. Answers are permitted but not required. Except as provided in section 008.04, parties wishing to answer must do so within 20 days of service of a petition or other initial pleading. If no answer is filed, the allegations will be deemed denied.

012.05 SPECIAL APPEARANCES. Defendants may challenge the Division's jurisdiction over their person by filing a special appearance within 10 days of service of the petition. Defects in service must be specified in the special appearance. If any other issue is raised, including the Division's jurisdiction over the subject matter, the appearance is general, and special appearance is waived.

012.06 REPLIES. Replies to answers may be filed within 20 days of the date of personal service or the date of the agency mailing the answer.

012.07 AMENDMENTS. Amendments and supplemental pleadings may be made as provided in 53 NAC 4-006.04.

012.08 MOTIONS. Motions must conform to the statutory requirements applicable in civil actions in Nebraska district courts.

012.09 CHANGES IN TIME. The hearing officer may extend time for pleading for good cause. Requests for extension of time must be made by motion filed on or before the date the pleading is required to be filed. Hearing officers may also order a shorter time for pleading than is provided in these rules on their own motion or parties' motion to assure the pleading process is complete before hearing.

012.10 SERVICE. Pleadings and other filings must be served on all parties to the proceeding. Except as otherwise provided, service may be made by a means permitted by law. Whenever parties have the right or are required to do something within a prescribed period after service, 3 days will be added to the prescribed period if service is by mail. Service upon the attorney of record will be deemed to be service on the party.

012.11 WITHDRAWAL OF PLEADINGS. Once filed, pleadings and other filings may not be withdrawn from the record without the hearing officer's permission for good cause shown.

012.12 WITHDRAWAL AS COUNSEL. To withdraw as counsel for a party, attorneys must file a notice of withdrawal and serve the same upon opposing counsel and the party affected. Notices must be filed not later than 3 work days prior to hearing absent good cause.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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