Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 184 - NEBRASKA DEPARTMENT OF HEALTH
Chapter 3 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR PETITIONS FOR PROMULGATION, AMENDMENT, OR REPEAL OF REGULATIONS
Section 184-3-004 - PETITION - FORM AND GENERAL FILING REQUIREMENTS

Universal Citation: 184 NE Admin Rules and Regs ch 3 § 004

Current through March 20, 2024

004.01 Request.

A petition must meet the requirements of subsections 004.02 and 004.03 of this section.

004.02 Form.

004.02A Pleading. A petition shall be in the form of a pleading which shall contain:

004.02A1 A caption, which shall include:

004.02A1a The venue: BEFORE THE DEPARTMENT OF HEALTH, STATE OF NEBRASKA;

004.02A1b A heading specifying the subject matter of the petition; and

004.02A1c The name of the pleading, e.g., PETITION FOR AMENDMENT OF RULES AND REGULATIONS.

004.02A2 The statements required in 004.03 below.

004.02A3 The signature of the petitioner or, when represented by an attorney, the signature of the attorney.

004.02A4 The name and address of the petitioner, and when represented by an attorney, the name, address, telephone number, and bar number of the attorney.

004.02B Size and Paper. Petitions shall be made on white, letter-sized (8 1/2" x 11") paper of standard weight.

004.02C Print. Petitions shall be legibly typewritten, photostatically reproduced, printed, or handwritten. If handwritten, they must be written in ink. Only one side of a page shall contain any writing.

004.02D Attachments. Any documents attached to a petition shall be securely fastened to the pleading and shall meet the requirements of 004.02B and 004.02C for paper and print. When possible, attachments shall be on 8 1/2" x 11" paper or placed in an 8 1/2" x 11" envelope and clearly marked as an attachment to the petition.

004.03 Content.

To be considered, a petition must meet the following requirements for content and substance.

004.03A Statement of Claim. The petition must:

004.03B1 Identify the statutes providing a basis for the proposed action and identify the existing regulation if amendment or repeal of a regulation is proposed;

004.03B2 State the substance of or proposed wording for any amendment or new regulation;

004.03B3 State the reason(s) why the regulation should be promulgated, amended, or repealed, including, but not limited to, the facts surrounding the need for the proposed action and how the proposed action will address or resolve the situation presented.

004.03C Argument. The petition shall state whether petitioner requests opportunity for oral or written argument on the petition.

004.03D Exhibits. Any documents pertinent to the petition that the petitioner wishes to be considered in making a ruling must be attached to the petition.

004.04 Sample Petition.

A petitioner may use sample forms of petition approved by the Department, copies of which are attached as Attachments A, B and C to these regulations and made a part of these regulations by reference. A petitioner may also prepare his or her own petition, so long as it is a reasonable facsimile in form and meets the requirements of subsections 004.02 and 004.03.

004.05 Filing.

A petition shall be filed in the office of the Director. Filing may be accomplished by personal delivery or by mail. Filings will be received during regular office hours of the Department. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays. The mailing address for the Department is Department of Health, Third Floor, 301 Centennial Mall South, Lincoln, Nebraska 68509.

004.06 Number of Copies.

In addition to the original petition, two (2) copies shall be delivered to the Department for Department use.

004.07 Reception of Petition.

The Department shall stamp all petitions and other filings relating to the petition as "RECEIVED" and with the date of filing. Filings received after regular office hours shall be stamped as received the following work day.

004.08 Request for Receipt.

Request may be made for a receipt for any filing made. Request may be made by letter or verbally. The request must be accompanied by an extra copy of the document for stamping and return, and if return is to be by mail, a stamped, self-addressed envelope.

004.09 Brief.

A petitioner may submit a written argument, or brief, in support of the petition at time of filing without leave of the Department. The Department may grant opportunity to submit a brief after filing upon application of the petitioner. If granted, the petitioner shall submit the brief according to the date set by the Department. A brief must meet the requirements of 004.02 in form.

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