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 184-1-017 - RECONSIDERATION

Universal Citation: 184 NE Admin Rules and Regs ch 1 ยง 017

Current through September 17, 2024

A party dissatisfied with the Division's decision may request reconsideration by filing a motion that meets the requirements of 012 within 5 days of the date the final decision was served. The Division's authority to reconsider its decisions exists only until an appeal is filed or the statutory period for filing an appeal expires. A motion for reconsideration does not extend the statutory time to appeal.

017.01 HEARING. Hearings on motions for reconsideration will be held no later than 10 days from the date the final decision was served. When possible, parties will receive three days' advance notice of the time set for hearing.

017.02 BRIEFS. Parties may file briefs at time of hearing or may be ordered by the hearing officer to file briefs at hearing or within 3 days after hearing.

017.03 DECISIONS. Decisions on motions for reconsideration will be made by order within 27 days of the date the final decision was served. A decision may be made orally by the hearing officer at time of hearing, but will be reduced to writing within such period.

017.04 BASIS FOR RECONSIDERATION. Motions for reconsideration made in the proper form and filed within the proper time may be granted if:

(A) The motion and record show a serious irregularity in the conduct of the proceeding;

(B) There is newly-discovered evidence which was not available to the moving party at the time of the hearing and which may be sufficient to reverse the Division's action;

(C) The decision is contrary to the manifest weight of the evidence;

(D) The motion and record show an error of law; or

(E) There was good cause for the moving party's failure to appear or file papers, which resulted in default by that party.

017.05 PROCEDURE. Depending up the basis upon which it is granted, reconsideration may consist of an entirely new hearing; reopening the record of hearing for the limited purpose of receiving newly discovered evidence; or entry of new findings and conclusions of law. Upon the granting of a motion for reconsideration the original decision will be vacated. When new hearing proceedings are required, the order will set the date, time and location of hearing, and prehearing and hearing procedures will be the same as those for the original proceeding.

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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